Kikuyu Township Jua Kali Artisans v Daniel N. Ng’ang’a ) & 1 other

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NAIROBI MISCELLANEOUS APPLICATION NO 709 OF 2002 KIKUYU TOWNSHIP JUA KALI ARTISANS ……...… APPLICANTS VERSUS DANIEL N. NG’ANG’A ) RAHAB WANJIKU ) JOSEPH N. MOMANYI ) ……...………...………. ..............................RESPONDENTS MESSR GD & BROTHERS RULING This is an application for leave to file appeal out of time. Judgment was delivered on 1st April, 1998 and the main reasons cited for not filing the Memorandum of Appeal in time are that the lower court’s file had gone missing soonafter Judgment was delivered and that the applicants were awaiting lower court’s proceedings. Section 79 G of the Civil Procedure Act Cap 21, states: Every appeal from a subordinate court to the High Court shall be filed within a period of thirty days fr om the date of the decree or order appealed against, excluding from such period of time which the lower court may certify as having been requisite for the preparation and delivery to the appellant of a copy of the decree or orders: Provided that an appeal may be admitted out of time if the appellant satisfies the court that he had good and sufficient cause for not filing the appeal in time.” The Applicants did not require copies of proceedings to lodge their appeal. All they required was a certified copy of the decree or order sought to be appealed from. Even in that case, Order XLI Rule 1 A of the Civil Procedure Rules provides that the certified copy of the decree or order appealed from may be filed subsequently after the filing of the Memorandum of Appeal.

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