Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealAllowedCivil Application No. NAI. 366 of 1999· [2000] KECA 305 (KLR)

Joseph Eric Owino v Eunice Orare Owino [2000] KECA 305 (KLR)

Court of Appeal of Kenya
25 February 2000
765 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

#

Kenya's Court of Appeal gave a man more time to appeal, ruling that unexplained delay doesn't automatically disqualify someone from pursuing an appeal.

What this practically means

#

Executive summary

#
This is a single-judge chambers ruling of the Court of Appeal at Nakuru (Keiwua, JA) on an application under rule 4 of the Court of Appeal Rules for extension of time to file a notice of appeal and record of appeal from the judgment and decree of the High Court at Nakuru (Aganyanya, J) in H.C.C.C. No. 48 of 1988 dated August 10, 1989. The original record of appeal had been struck out on September 21, 1999 because the decree did not reflect the date of the superior court's judgment. The applicant applied on October 8, 1999 for amendment of the decree, which was heard on October 29, 1999, and filed the present application on December 21, 1999. The court found the delay between September 21 and October 7, 1999 satisfactorily accounted for, the record having only been transferred from Nakuru to Eldoret on October 7. The delay up to December 21, 1999 was not satisfactorily explained, but following the trend in two prior unreported decisions relied on by the applicant (Njogu Gachiani v Mburuga Kiria and Fredrick J.P. Arodi v I.W. Waweru), the court held the delay was not so inordinate as to defeat the discretion. The application was allowed: time to file the notice of appeal was extended by seven days, service within seven days, and the record of appeal to be filed within 30 days of filing the notice. Costs of the application were awarded to the respondent, payable in any event.

Key legal issues

#
01

Whether the delay in filing the application for extension of time was inordinate and whether it should bar the exercise of discretion

Holding

The delay between September 21, 1999 and October 7, 1999 was satisfactorily accounted for; the delay up to December 21, 1999 was not satisfactorily explained but was not so inordinate as to defeat the application, following the trend in prior decisions of the court.

Reasoning

The original record of appeal was struck out because the decree did not reflect the date of judgment. The applicant applied to the superior court to amend the decree, and the record was only transferred from Nakuru to Eldoret on October 7, 1999, explaining the first period of delay. The later delay in compiling the record of the notice of motion was unsatisfactory, but following Njogu Gachiani v Mburuga Kiria and Fredrick J.P. Arodi v I.W. Waweru, the court held the delay was not inordinate and exercised its discretion in favour of extension.

p. 3

Legal principles established

#
  • Unexplained or unsatisfactorily explained delay does not necessarily debar the court from exercising its discretion to extend time, where the applicant has consistently wanted to appeal and no irreparable loss is shown

Court orders

#
  1. 1.Extension of time within which the notice of appeal is to be filed for seven days from the date of the ruling
  2. 2.The notice of appeal to be served on the respondent within seven days of filing
  3. 3.The record of appeal to be filed within 30 days of the filing of the notice of appeal
  4. 4.Costs of the application awarded to the respondent, payable in any event
On appeal from
High Court of Kenya at Nakuru
H.C.C.C. No. 48 of 1988
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules (extension of time)

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Joseph Eric Owino v Eunice Orare Owino [2000] KECA 305 (KLR)", Case Analysis (2000). Civil Application No. NAI. 366 of 1999. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2000/305/eng@2000-02-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.