Jacinta Wanza Makenzi v Agnes Mutinda Kithusi & 4 others [2019] KECA 599 (KLR)
The bottom line
#The Court of Appeal dismissed an application because it used the wrong procedure; if a single judge refuses to extend time, apply in writing to the Registrar within seven days.
What this practically means
#Executive summary
#Key legal issues
#Correct procedural route to challenge a single judge's refusal to extend time under Rule 55 of the Court of Appeal Rules
The application was dismissed as incompetent; the proper course was an application to the Registrar within seven days for the matter to be placed before a full court, or reinstatement of the motion dismissed by Kantai, JA
The court traced the procedural history: Musinga, JA declined extension of time on 27th April, 2018; the applicant then sought leave to file a reference to a full court; when that motion came up on 8th November, 2018 the applicant did not attend and Kantai, JA dismissed it, apparently under Rule 56. The instant motion ignored the Kantai dismissal entirely and was ambiguous as to the relief sought, rendering it incompetent.
Legal principles established
#- Where a single judge rejects an application for extension of time under Rule 55 of the Court of Appeal Rules, the remedy of an aggrieved applicant is to apply in writing to the Registrar within seven days to place the matter before a full court, not to file a fresh motion for leave
- A party aggrieved by the dismissal of a motion by a single judge must seek reinstatement of that motion rather than bringing a new application attacking an earlier ruling
Court orders
#- 1.The motion dated 28th June, 2018 is dismissed with costs
- On appeal from
- Court of Appeal (single judge, Musinga, JA)
- null
- Jurisdiction invoked
- Rules 4 and 55(1)(b) of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jacinta Wanza Makenzi v Agnes Mutinda Kithusi & 4 others [2019] KECA 599 (KLR)", Case Analysis (2019). Motion dated 28th June, 2018 (Court of Appeal, Civil Application - number not stated in the judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2019/599/eng@2019-06-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.