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Court of AppealAllowedCivil Application No. Nai. 281 of 2001 (KSM 45/2001)· [2001] KECA 181 (KLR)

Lulu Dry Cleaners Ltd & another v Kenya Industrial Estates & another [2001] KECA 181 (KLR)

Court of Appeal of Kenya
21 November 2001
ROR. S. C. Omolo
348 words in judgment
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The bottom line

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Kenya's Court of Appeal allowed a five-month delay in filing appeal documents, accepting illness and a lawyer's failure as good reasons.

What this practically means

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Executive summary

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This is a single-judge chambers ruling of the Court of Appeal at Kisumu (Omolo, JA) on a notice of motion dated and lodged on 17th July 2001 by Lulu Dry Cleaners Ltd and Dishon Jumba seeking an extension of time to file and serve the record of appeal out of time in an intended appeal against the judgment and decree of the High Court of Kenya at Kakamega (Tanui, J) in H.C.C.C. No. 376 of 1992. The judge observed that the judgment under appeal, though dated 19th January 2000, was apparently delivered on 19th June 2000, and noted the applicants had filed their notice of appeal and applied for proceedings within the time allowed. The proceedings were supplied on 30th January 2001, though available for collection by 8th January 2001. The application of 17th July 2001 disclosed a considerable delay, explained by the second applicant's illness, supported by a medical document, and by the applicants' reliance on their advocate, who let them down. Balancing the length of the delay against the explanation, the judge exercised his discretion in the applicants' favour, allowed the motion, and ordered that the record of appeal be lodged within fourteen days. The costs of the motion were made costs in the intended appeal. No authorities or statutory provisions were cited in the ruling.

Key legal issues

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01

Whether extension of time should be granted despite a long, partly explained delay

Holding

The court exercised its discretion to extend time, weighing the length of the delay against the explanation offered: the applicants had acted within time on the notice of appeal and request for proceedings, their advocate let them down, and the second applicant's illness was supported by a medical document.

Reasoning

The judge noted the judgment was dated 19th January 2000 but delivered 19th June 2000. The applicants filed the notice of appeal and applied for proceedings within time. Proceedings were supplied on 30th January 2001. The subsequent delay to 17th July 2001 was explained by the second applicant's ailment, evidenced by a medical document, and the advocate's failure. Balancing these factors, the discretion was exercised in favour of the applicants, with a 14-day deadline and costs in the intended appeal.

p. 2

Legal principles established

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  • A considerable delay in lodging a record of appeal may be excused where the applicant provides a satisfactory explanation, including reliance on an advocate who let them down and illness supported by medical documentation; as a single-judge chambers ruling it is persuasive rather than a binding panel precedent.

Court orders

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  1. 1.The motion dated and lodged in court on 17th July 2001 is allowed
  2. 2.Time is extended as prayed for, and the record of appeal must be lodged within fourteen days from the date of the ruling
  3. 3.The costs of the motion shall be in the intended appeal
On appeal from
High Court of Kenya at Kakamega
H.C.C.C. No. 376 of 1992
Jurisdiction invoked
Inherent/appellate jurisdiction of the Court of Appeal to extend time for filing and serving a record of appeal (application for extension of time in an intended appeal)

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (3)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Lulu Dry Cleaners Ltd & another v Kenya Industrial Estates & another [2001] KECA 181 (KLR)", Case Analysis (2001). Civil Application No. Nai. 281 of 2001 (KSM 45/2001). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2001/181/eng@2001-11-21

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.