JAMES KIMANI NJUGUNA MBUGUA v STANDARD CHARTERED BANK (K) LTD [1995] KECA 105 (KLR)
The bottom line
#Kenya's Court of Appeal granted a litigant more time to appeal after his advocates' fee demands stalled his case, showing courts will excuse delays with honest explanations.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicant should be granted an extension of time to file and serve a notice of appeal and to file the record of appeal out of time.
Key legal issues
#Whether an extension of time should be granted for filing the notice of appeal and the record of appeal.
The application was granted; the single judge exercised his discretion under rule 4 in the applicant's favour.
The applicant had been let down by advocates who demanded money he did not have, and by the time he acted in person the time to enter appearance and file the record of appeal had expired. The judge found the applicant's account of the delay credible and noted that the record was already ready, making the delay excusable and the appeal ripe for filing. On that basis the discretion under rule 4 was exercised in the applicant's favour with a timetable for compliance.
Legal principles established
#- The Court of Appeal has discretion under rule 4 of its Rules to extend time for filing a notice of appeal and record of appeal, which may be exercised where sufficient reasons for the delay are shown.
Court orders
#- 1.The applicant to file his notice of the intended appeal and serve it on the respondent within seven days from the date of the order.
- 2.The record of appeal to be filed as provided for by the rules within 60 days from the date of lodging the notice of appeal.
- 3.Costs of the application to be costs in the intended appeal.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
The applicant will file his notice of the intended appeal and serve on the respondent within seven days from the date hereof. The record of appeal is to be filed as provided for by the rules within 60 days from the date of lodging the notice of appeal.
In the circumstances I do exercise my discretion and grant the application.
Issues in the judgment
#The judgment, as supplied, does not state the names of the parties or the case number; the applicant and respondent are referred to only generically.
The decision below (from which the intended appeal lies) is not identified anywhere in the judgment.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "JAMES KIMANI NJUGUNA MBUGUA v STANDARD CHARTERED BANK (K) LTD [1995] KECA 105 (KLR)", Case Analysis (1995). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1995/105/eng@1995-06-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.