Automated Summary
Key Facts
The applicant, Joseis Wanjiru (alias Wairimu), sought an extension of time to validate a reference to the full Court in an appeal from a High Court judgment dated 1992. After the initial dismissal of the application for leave to appeal out of time by a single judge on 2000-10-20, the applicant filed a Reference on 2001-11-02, which was outside the 7-day period. The Court of Appeal, in a ruling by E. Owuor on 2002-11-01, granted the application to extend the time, validating the Reference as timely filed.
Issues
Application for extension of time to validate a reference to a full Court in an appeal from a judgment & Order of the High Court of Kenya at Nyeri (Tunoi, J) dated 13/2/1992.
Holdings
The court granted the application for extension of time to validate a reference to the full Court. The Reference filed on 2nd November 2001 is deemed to have been filed within the extended time, as the applicant acted expeditiously in filing the application.
Remedies
I hereby extend the time requested so that the Reference filed on 2nd day of November, 2001 is deemed to have been filed within the extended time.
Precedent Name
JOSEIS WANJIRU ALIAS JOSEIS WAIRIMU vs KABUI NDEGWA
Judge Name
- E. Owuor
- Kwach, JA
Passage Text
- I am satisfied that the applicant acted expeditiously in filing this application. The same is hereby granted. I hereby extend the time requested so that the Reference filed on 2nd day of November, 2001 is deemed to have been filed within the extended time.
- On 20th day of October, 2000 a learned single judge of this Court (Kwach, JA) dismissed the applicant's application for leave to file a notice of appeal out of time in an intended appeal from the judgment of the superior court dated 13th February, 1992.
- The applicant thereafter on 2nd November, 2001 filed an application for a Reference before a full Court. When the Reference came for hearing on 8th day of May, 2002 counsel for the applicant was granted an adjournment to make this application which he filed on 3rd of June, 2002 so as to validate the Reference since the same had been filed outside the prescribed time of 7 days.