Erick Mungai Kinyanjui & 3 others v Lucy Wanjiku Nganga & 1 other
The bottom line
#Kenya's Court of Appeal granted a family extra time to file an appeal because the court itself delayed in providing court proceedings.
What this practically means
#Executive summary
#Key legal issues
#Whether delay occasioned by the court's late supply of proceedings disentitles an applicant from extension of time
Delay attributable to the court in supplying certified proceedings cannot be faulted against the applicants; extension of time was warranted notwithstanding absence of a draft memorandum.
The applicants filed the notice of appeal in time and promptly applied for certified copies. The two-month delay in supply of proceedings was not their fault. Although no draft memorandum was exhibited to demonstrate the appeal's merits, that omission alone could not defeat an otherwise meritorious application. The court exercised its discretion under rule 4 to avoid injustice, applying the Pan African Paper Mills factors.
Legal principles established
#- An application for extension of time is governed by the court's unfettered discretion, exercised to avoid injustice, considering the length of and reason for delay, the chances of the appeal succeeding, and prejudice to the respondent.
Court orders
#- 1.Extension of time granted to file and serve notice of appeal, memorandum and record of appeal as sought
- 2.The notice of appeal filed on 28th June, 2011 deemed duly filed in time
- 3.Memorandum and record of appeal to be filed and served within fourteen (14) days from the date of the ruling
- 4.Each party to bear their own costs of the application
- On appeal from
- High Court of Kenya at Nairobi
- H.C. Succession Cause No. 1935 of 2000
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Erick Mungai Kinyanjui & 3 others v Lucy Wanjiku Nganga & 1 other", Case Analysis (2016). Civil Application No. Nai. 49 of 2012. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2016/216/eng@2016-09-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.