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Court of AppealAllowedNot stated· [1993] KECA 50 (KLR)
SOCIETE DE TRANSPORT INTERNATIONAUX AU RWANDA v H. H. ABDI [1993] KECA 50 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#What this practically means
#Executive summary
#This was a single-judge application in the Court of Appeal at Nairobi under Rule 4 seeking leave to file a Notice of Appeal out of time. The ruling intended to be appealed had been delivered on 17th February 1993, while the Notice of Appeal was filed on 16th March 1993. The applicant explained that the underlying judgment was a foreign judgment and that instructions had to be sought from Rwanda, which accounted for the delay. Although the court expressly found the delay to be inordinate, it exercised its discretion in the applicant's favour and granted the application. It ordered that the Notice of Appeal filed on 16/17 March 1993 be deemed to have been filed in time by extending time up to that date, and directed that the intended appeal be filed within 60 days from the date the Notice of Appeal was filed. Costs were reserved to the intended appeal. No authorities were cited and no separate opinions were rendered; the decision is a brief ex tempore ruling on extension of time rather than a full appellate judgment.
Key legal issues
#01
Whether inordinate delay in filing a Notice of Appeal can be excused under Rule 4
Holding
The court granted the extension despite inordinate delay, because instructions for the intended appeal against a foreign judgment had to be sought from Rwanda.
Reasoning
The court acknowledged the delay was inordinate but found the explanation — that the underlying judgment was a foreign judgment requiring instructions from Rwanda — sufficient to justify the exercise of discretion under Rule 4. It extended time up to the date the Notice was actually filed and directed that the intended appeal be filed within 60 days.
p. 2
Legal principles established
#- The Court of Appeal may extend time for filing a Notice of Appeal under Rule 4 even where the delay is inordinate, taking into account the circumstances such as the need to seek instructions from abroad in respect of a foreign judgment.
Court orders
#- 1.The Notice of Appeal filed on 16/17 March, 1993 be deemed to have been filed in time by extending time up to that date
- 2.The intended appeal be filed within 60 days from the date on which the Notice of Appeal was filed
- 3.Costs will be in the intended appeal
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (extension of time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "SOCIETE DE TRANSPORT INTERNATIONAUX AU RWANDA v H. H. ABDI [1993] KECA 50 (KLR)", Case Analysis (1993). Not stated. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1993/50/eng@1993-06-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.