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Case Brief · caselaw.co.ke
Court of AppealAllowedNot stated in the judgment

PRISCILLA NYAWIRA GITUNGU vs KABITU KANJA [2002] KECA 137 (KLR)

Court of Appeal of Kenya
31 October 2002
131 words in judgment
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The bottom line

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Kenya's Court of Appeal allowed late filing of appeal documents because the other side would suffer no harm — that test decides such requests.

What this practically means

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Executive summary

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This is a short interlocutory ruling of the Court of Appeal at Nyeri, delivered by A.B. Shah, JA, on 31 October 2002, dealing with an application for extension of time to lodge a record of appeal out of time. Counsel for the second and third respondents, Mr. A.J. Kariuki, did not oppose the application, while the first respondent, who appeared in person, left the matter to the court subject to counsel's position. The court identified the decisive consideration as the absence of prejudice: it saw no prejudice that the respondents would suffer if the application were allowed. On that basis the application was allowed and the applicant was directed to file the record of appeal by the end of November 2002. Costs were reserved to the intended appeal. The judgment does not name the parties, give the case number, cite any authorities, or identify the rule under which the application was made. It is a single-judge procedural decision with no separate opinions and no decision below under review; its practical significance lies in confirming that extension-of-time applications may be granted without opposition where no prejudice to respondents is shown.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the applicant should be granted extension of time to lodge a record of appeal out of time
  2. 2.Whether the respondents would suffer any prejudice if the extension were granted

Key legal issues

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01

Extension of time to lodge a record of appeal out of time

Holding

The application was allowed because the respondents raised no objection and no prejudice was demonstrated

Reasoning

The second and third respondents' counsel did not object to the application, and the first respondent, appearing in person, left the matter to the court. The court found no prejudice would be suffered by the respondents if the extension were granted, and on that basis allowed the application and set a filing deadline of the end of November 2002.

p. 2

Legal principles established

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  • Where respondents suffer no prejudice, an application for extension of time to lodge a record of appeal out of time may be allowed

Court orders

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  1. 1.The application for extension of time is allowed
  2. 2.The applicant is directed to file the record of appeal by the end of November, 2002
  3. 3.Costs will be in the intended appeal

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Inherent jurisdiction of the Court of Appeal to extend time for filing a record of appeal (rule not specified in the judgment)

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

I see no prejudice which could be suffered by the respondents if the application is allowed. In the circumstances I allow the application and direct that the applicant does file the record of appeal by the end of November, 2002.
p. 2extension of time - absence of prejudice
Costs will be in the intended appeal.
p. 2costs order

Issues in the judgment

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minor

The judgment does not state the case number, the names of the parties, or the rule under which the extension application was brought

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "PRISCILLA NYAWIRA GITUNGU vs KABITU KANJA [2002] KECA 137 (KLR)", Case Analysis (2002). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2002/137/eng@2002-10-31

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