Isaac Williat Mangongo v Registrar of Trade Unions & 3 others [2018] KECA 586 (KLR)
The bottom line
#Kenya's Court of Appeal refused to extend time to file an appeal record, finding the delay unconscionable and the appeal unarguable.
What this practically means
#Executive summary
#Key legal issues
#Arguability of the intended appeal
The intended appeal was not arguable because Nambuye, J. had judicially interpreted her own rulings on the status of the two unions and Nduma, J. found the ruling not to lack clarity.
The applicant intended to appeal Nduma, J.'s finding that the application before him was vexatious litigation and that Nambuye, J.'s ruling was clear. Given that Nambuye, J. had herself interpreted her rulings on the union status dispute in several rulings, the court was not satisfied the intended appeal raised arguable grounds. The applicant also failed to disclose grounds of appeal or file a draft memorandum.
Inordinate and unexplained delay
The delay was unconscionable and not reasonably explained; the certificate of delay showed the applicant's advocates were told in July 2015 the proceedings were ready for collection.
Although the applicant attributed the delay to non-supply of proceedings, the certificate of delay showed his advocates were informed on 6th July 2015 that copies were ready for collection on payment of fees, and a letter of 15th October 2014 showed they already had the copies. The applicant also did not disclose grounds of the intended appeal or file a draft memorandum, weakening his merit assertion.
Legal principles established
#- In an extension-of-time application under Rule 4, the court considers whether the intended appeal is arguable, whether the delay is inordinate, and whether the extension would prejudice the respondent.
Court orders
#- 1.Application dismissed with costs to the 1st interested party
- On appeal from
- Employment and Labour Relations Court
- Not stated (ruling of Nduma, J.)
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (extension of time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Isaac Williat Mangongo v Registrar of Trade Unions & 3 others [2018] KECA 586 (KLR)", Case Analysis (2018). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2018/586/eng@2018-05-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.