Case ID:162763

Tagage Hussein Edema v Hussein Edema Bariso [2020] eKLR

Case Metadata

Case Number:

Civil Application 119 of 2019

Parties:

Tagage Hussein Edema v Hussein Edema Bariso

Date Delivered:

07 Aug 2020

Case Class:

Civil

Court:

Court of Appeal at Nairobi

Case Action:

Ruling

Judge(s):

Fatuma sichale

Citation:

Tagage Hussein Edema v Hussein Edema Bariso [2020] eKLR

Case History:

An application for extension of time to file a Notice of Appeal against the judgment of the High Court of Kenya at Marsabit (Chitembwe, J) dated 19th June, 2019 IN Marsabit Misc. Succession Cause No. 1 of 2018

Court Division:

Civil

County:

Marsabit

History Docket No:

Misc. Succession Cause No. 1 of 2018

History Judges:

Said Juma Chitembwe

History County:

Marsabit

Disclaimer:

The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information

IN THE COURT OF APPEAL

AT NAIROBI

[CORAM: SICHALE, JA IN CHAMBERS]

CIVIL APPLICATION NO. 119 OF 2019

BETWEEN

TAGAGE HUSSEIN EDEMA ………………………………………APPLICANT

AND

HUSSEIN EDEMA BARISO ……………………………………..RESPONDENT

(An application for extension of time to file a Notice of Appeal against the judgment of the High Court of Kenya at Marsabit (Chitembwe, J) dated

19th

June, 2019

IN

Marsabit Misc. Succession Cause No. 1 of 2018

RULING

The applicant,

Gagaye Hussein Edema

filed a Notice of Motion dated

25

th

July, 2019.

The motion is an omnibus application containing several prayers that cannot be handled by a single judge.

I shall however deal with prayer No. 3 in the motion that seeks extension of time to file a Notice of Appeal and “

…

Consequential Memorandum

of

Appeal…

” against the High Court decision rendered on

19

th

June, 2019

in Marsabit Miscellaneous Succession No. 1 of 2018.

The motion is supported by the affidavit of the applicant sworn on the same day (

25

th

July, 2019

). The reason for the delay is attributed to the applicant’s change of advocate from the firm of

Messrs Biwott Korir & Co. Advocates

to the firm of

Ndungu & Co. Advocates

. The applicant annexed a letter dated

21

st

June,

2019

from his previous counsel applying for typed proceedings and a receipt of payment of Ksh 2,000.00 being costs of proceedings and another receipt of Kshs 2,670.00 being further costs for the proceedings.

The

respondent

Hussein

Edama

Bariso

opposed

the

motion

vide

an affidavit dated

20

th

December, 2019

on the basis,

inter alia,

that the appeal has no chances of success.

I

have

considered

the

motion,

and

its

supporting

affidavit

and

the respondent’s replying affidavit in opposition to the motion in absence of counsel due to the prevailing circumstances caused by Covid 19 pandemic. In my view,the time lapse from the date of delivery of judgment (

19

th

June, 2019

) and the subsequent

endeavours

by

the

applicant

to

obtain

proceedings

were

done without delay. I note that the motion was filed on

25

th

July, 2019

, within a period of 36 days from the date of judgment on

19

th

June, 2019

.

This delay cannot be said to be inordinate.

It is in view of the above that I grant leave to the applicant to file and serve the Notice of Appeal within seven (7) days of today’s date.

Each Party to bear his own costs.

Dated and Delivered at Nairobi this 7

th

Day of August, 2020.

F. SICHALE

JUDGE OF APPEAL

I certify that this is a true

copy of the original.

Signed

DEPUTY REGISTRAR