Haithar Haji Abdi & 2 others v Kenya National Capital Corporation Limited & another [2008] KECA 167 (KLR)
The bottom line
#The Court of Appeal struck out a late reinstatement application, confirming the 30-day deadline under Rule 55(4) is strict, with the Christmas Vacation excluded from the count.
What this practically means
#Executive summary
#Key legal issues
#Whether the reinstatement application was competent as filed within the period prescribed by Rule 55(4)
The application was incompetent because it was filed 24 days after the expiry of the 30-day period prescribed by Rule 55(4), after excluding the Christmas Vacation from the computation.
The applicants' advocates were served with a hearing notice two months before the hearing but did not attend on 13th December 2007, and the application was dismissed under Rule 55(1). The 30-day period under Rule 55(4) began on 14th December 2007 but did not run during the Christmas Vacation from 21st December 2007 to 13th January 2008, resuming on 14th January 2008. On that computation the 30 days expired on or about 5th February 2008. The reinstatement application was filed on 29th February 2008, 24 days late, and was therefore incompetent and struck out.
Legal principles established
#- An application under Rule 55(3) of the Court of Appeal Rules to restore an application dismissed for non-attendance must be filed within 30 days of the decision, failing which it is incompetent; the Christmas Vacation is excluded from the computation of that period.
Court orders
#- 1.The application for reinstatement is struck out as incompetent
- 2.Costs of the application to the respondents
- On appeal from
- High Court of Kenya, Milimani Commercial Courts, Nairobi
- H.C.C.C. No. 447 of 2004
- Jurisdiction invoked
- Rule 55(3) of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Haithar Haji Abdi & 2 others v Kenya National Capital Corporation Limited & another [2008] KECA 167 (KLR)", Case Analysis (2008). Civil Appli. NAI No. 21 of 2006 (UR. 12/2006). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2008/167/eng@2008-07-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.