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Court of AppealOtherNot stated in judgment· [2014] KECA 722 (KLR)

Githara Chuchu & 473 others v Kenya Planters Co-operative Union Limited eKLR [2014] KECA 722 (KLR)

Court of Appeal of Kenya
14 March 2014
SKS. Gatembu Kairu
436 words in judgment
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The bottom line

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Kenya's Court of Appeal ruled that how long a dispute has dragged on does not, by itself, make a case urgent enough to jump the hearing queue.

What this practically means

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Executive summary

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This is a short interlocutory ruling of the Court of Appeal at Nairobi delivered by S. Gatembu Kairu, JA, on 14th March 2014. The applicants had filed a Notice of Motion dated 17th December 2013 seeking dismissal of the respondent's notices of appeal dated 22nd February 2006 and 24th July 2006, and seeking to set aside a stay of execution granted by the Court on 20th September 2013 in respect of High Court orders of 12th July 2006. The application, with a certificate of urgency, was placed before the single judge under Rule 47 of the Court of Appeal Rules, who initially declined to certify it urgent. At the inter partes hearing under Rule 47(5), counsel for the applicants urged urgency on the ground that the dispute had been in litigation for over thirty years, contrary to the expeditious-disposal objectives of sections 3A and 3B of the Appellate Jurisdiction Act. Counsel for the respondent countered that the age of a dispute is not, of itself, a special circumstance warranting urgency. The judge agreed with the respondent: although the prolonged history of the matter was regrettable and relevant, the age of the dispute alone could not justify allowing the application to jump the queue. The court refused to certify the application as urgent and directed that it be fixed for hearing in the registry in the normal cause. No costs order was recorded.

Key legal issues

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01

Whether the age of a dispute alone justifies certification of an application as urgent

Holding

It does not; urgency certification requires more than the mere longevity of the litigation

Reasoning

The judge acknowledged regret that the matter had taken many years, noting counsel's submission that the dispute had been in court for over thirty years contrary to the expeditious-disposal objectives of sections 3A and 3B of the Appellate Jurisdiction Act. However, the judge held that while longevity is a relevant consideration, it cannot, by itself, justify allowing an application to jump the queue; it must be fixed for hearing in the ordinary cause.

p. 2

Legal principles established

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  • The age of a dispute, however long the litigation has persisted, is not by itself a special circumstance warranting certification of an application as urgent under Rule 47 of the Court of Appeal Rules

Court orders

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  1. 1.Refusal to certify the application dated 17th December 2013 as urgent
  2. 2.Direction that the application be fixed for hearing in the registry in the normal cause

Authorities

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Legislation

  • Appellate Jurisdiction ActSections 3A and 3B
  • Court of Appeal RulesRule 47 and Rule 47(5)
On appeal from
High Court
Jurisdiction invoked
Sections 3A and 3B, Appellate Jurisdiction Act (Cap 9) and Rule 47 of the Court of Appeal Rules

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Githara Chuchu & 473 others v Kenya Planters Co-operative Union Limited eKLR [2014] KECA 722 (KLR)", Case Analysis (2014). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2014/722/eng@2014-03-14

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