APA Insurance Limited v Roseline Awino Okwach & 3 others
The bottom line
#Kenya's Court of Appeal refused APA Insurance more time to appeal because it gave no good reason for the delay and never showed what it wanted to appeal.
What this practically means
#Executive summary
#Key legal issues
#Whether the reason for the delay was satisfactory
The explanation - that directors were unavailable and a board meeting was needed - was totally unsatisfactory
The court found it inconceivable that a CEO of a large insurance company could not be reached for nearly two months in an age of easy communication, and held that filing a notice of appeal is a simple mechanical task not requiring a board meeting.
Whether the intended appeal was arguable
The applicant failed to demonstrate arguability by neither annexing a draft memorandum nor setting out intended grounds
No draft memorandum of appeal was annexed to the supporting affidavit, nor were the intended grounds of appeal set out; the court adopted prior authority that such failure is fatal to the application.
Prejudice to respondents
Prejudice need not be considered where the application fails on delay and arguability; the respondents had waited over 15 years
Having found the delay unexplained and the appeal not shown to be arguable, the court held it superfluous to consider prejudice, noting the respondents obtained judgment in 2001 and delay in examining directors would be prejudicial.
Legal principles established
#- In an extension-of-time application the court considers the length of the delay, the reason for the delay, the chances of success of the intended appeal and the prejudice to respondents
- A delay that is not inordinate may still be inexcusable unless properly and satisfactorily explained
- Filing a notice of appeal is a simple mechanical task not requiring a board resolution
- Failure to annex a draft memorandum of appeal or specify intended grounds is fatal to an extension-of-time application
Court orders
#- 1.The application for extension of time to file a Notice of Appeal out of time is dismissed
- 2.Costs of the application awarded to the 1st and 2nd respondents
- On appeal from
- High Court of Kenya at Kisumu
- HCCC No. 67 of 2004
- Jurisdiction invoked
- Inherent discretion under the Court of Appeal Rules to extend time for filing a Notice of Appeal (single Judge in chambers)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "APA Insurance Limited v Roseline Awino Okwach & 3 others", Case Analysis (2017). Civil Application No. 50 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2017/779/eng@2017-02-10
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.