Anton Wandui Murage v Wamwea Gichina [2020] eKLR Case Summary

Court
High Court of Kenya at Kiambu
Category
Civil
Judge(s)
C. Meoli
Judgment Date
October 23, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3

Case Brief: Anton Wandui Murage v Wamwea Gichina [2020] eKLR


1. Case Information:
- Name of the Case: Anton Wandui Murage v. Wamwea Gichina
- Case Number: Miscellaneous Application No. 281 of 2019
- Court: High Court of Kenya at Kiambu
- Date Delivered: October 23, 2020
- Category of Law: Civil
- Judge(s): C. Meoli
- Country: Kenya

2. Questions Presented:
The central legal issue before the court was whether Anton Wandui Murage should be granted leave to file an appeal out of time against the judgment delivered on February 2, 2019, regarding the distribution of the estate of Gichina Kiarie.

3. Facts of the Case:
Anton Wandui Murage, the applicant, is the administrator of the estate of the deceased Gichina Kiarie. He was dissatisfied with the lower court's judgment concerning the distribution of the estate, which he claims he only became aware of in July 2019, despite the judgment being delivered on February 2, 2019. Murage contended that the judgment had been adjourned multiple times without notice and that he had a strong case for appeal. The respondent, Wamwea Gichina, opposed the application, arguing that Murage was present during the judgment delivery and that the delay in filing the appeal was unjustified.

4. Procedural History:
The application for leave to appeal out of time was filed on September 2, 2019. The respondent filed a replying affidavit on October 29, 2019, contesting the applicant's claims. The application was discussed through written submissions where the applicant argued that the delay was not inordinate and that he had a good appeal. The respondent countered that the applicant had not shown sufficient cause for the delay and that the intended appeal lacked merit.

5. Analysis:
- Rules: The court based its decision on Section 79G of the Civil Procedure Act, which allows appeals to be admitted out of time if the appellant can demonstrate good and sufficient cause for the delay in filing.
- Case Law: The court referenced several precedents, including *Mwangi v Kenya Airways Ltd (2003) KLR* and *Thuita Mwangi v Kenya Airways [2003] e KLR*, which outline the factors to consider when determining whether to grant an extension of time for appeals. The principles established in *Nicholas Kiptoo Korir arap Salat v IEBC and 7 Others [2014] e KLR* were also considered, emphasizing the need for a reasonable explanation for the delay and the potential prejudice to the respondent.
- Application: The court found that the applicant's claims regarding the delay were unsupported by evidence. The judgment was delivered in the presence of the applicant, contradicting his assertion that he was unaware of it. The court noted that the applicant's explanations for the delay were inconsistent and unconvincing, leading to the conclusion that the application was made in bad faith. The court emphasized that allowing the application would result in undue prejudice to the respondent and other beneficiaries, who had been waiting for resolution since 2007.

6. Conclusion:
The High Court dismissed Anton Wandui Murage's application for leave to appeal out of time, concluding that he failed to provide sufficient justification for the delay and that allowing the appeal would prejudice the respondent. The decision underscored the importance of finality in litigation, particularly in succession matters.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The High Court of Kenya dismissed the application by Anton Wandui Murage to file an appeal out of time concerning the distribution of the estate of Gichina Kiarie. The court found that Murage's explanations for the delay were inconsistent and unsubstantiated, and allowing the appeal would cause significant prejudice to the respondent and other beneficiaries. The ruling emphasizes the necessity for timely actions in legal proceedings, particularly in matters of estate distribution.

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