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HEZRON ALLOYS NYACHAE
V.
JAMES OBIRI OENGA & ANOR

(2016) JELR 97529 (CA)

Court of Appeal 2 Nov 2016 Kenya
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- The applicant sought extension of time under Rule 4 of the Court of Appeal Rules, 2010 to file and serve a Notice and Record of Appeal against a High Court decision that dismissed his earlier appeal for want of prosecution. - The underlyi

Case Details

Suit Number:Civil Application 12 of 2016
Judges:Agnes Kalekye Murgor
Location:Eldoret
Other Citations:Hezron Alloys Nyachae v. James Obiri Oenga & another [2016] eKLR

R U L I N G

The applicant, Hezron Alloys Nyachae has applied for time to be extended to file and serve a Notice and a Record of Appeal under Rule 4 of the Court of Appeal Rules 2010.

Before I deal with the application for extension, a brief background of the case would be of necessity. Though the record is scanty, I have been able to discern that the trial court entered judgment against the applicant on 26th October 2012 for the torts of false imprisonment and malicious prosecution. Each of the plaintiffs, the respondents herein, was awarded Kshs 30,000/- for wrongful arrest; Kshs 30,000/- for false imprisonment; Kshs. 200,000/- for malicious prosecution and Kshs 50,000/- in special damages. The applicant appealed against the decision in the High Court but failed to fix the appeal for hearing. This prompted the respondents to file an application for its dismissal. The High Court found in favour of the respondents and dismissed the appeal on 1st October 2015.

The applicant was aggrieved a…

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