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Court of AppealOtherCivil Application No. 118 of 2018· [2020] KECA 222 (KLR)

Embu Gaturi Housing Co-Op Society v Wamae Njenga & 2 others [2020] KECA 222 (KLR)

Court of Appeal of Kenya
6 November 2020
SKS. ole Kantai
426 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Court of Appeal certified a stalled 2018 application as urgent, stressing that lawyers must strictly follow court orders and directions.

What this practically means

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Executive summary

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This is a brief single-Judge chambers ruling by Kantai, J.A. of the Court of Appeal at Nyeri in Civil Application No. 118 of 2018, an application for stay against the judgment of Muchemi, J. of the High Court at Embu dated 22nd February 2017 in HC. C.A. No. 22 of 2014. On 24th September 2018 the Judge had perused the Certificate of Urgency, the Motion dated 18th September 2018 and a supporting affidavit and declined to certify the Motion as urgent, directing that it be listed in the usual way. By a letter dated 7th October 2020, the applicant's advocates requested the appointment of a single Judge to hear the application inter partes under rule 47(5) of the Court of Appeal Rules. The Judge directed the Deputy Registrar to invite short online submissions in view of the COVID-19 pandemic; the applicant exceeded the three-page limit, which drew a judicial admonition that counsel must comply with court orders. Noting that the application had languished since 2018 and that the Nyeri court and other stations outside Nairobi had ceased to be fully functional earlier in the year, the Judge certified the Motion as urgent and directed that it be listed for hearing. The substantive application was not determined, no decision on the merits was made, and no costs order was issued. The ruling has no binding precedential content beyond the admonition on compliance with court orders.

Key legal issues

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01

Urgency certification of an application under the Court of Appeal Rules

Holding

The single Judge, having initially declined urgency, certified the Motion as urgent on the strength of the reasons set out in the applicants' letter of 7th October 2020.

Reasoning

The Judge traced the history of the application, noting it had been filed in September 2018 but never heard, partly because Nyeri and other stations outside Nairobi ceased to be functional early in the year. On the reasons given in counsel's letter, he certified urgency and directed listing. The substantive Motion remained to be heard.

p. 1

Legal principles established

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  • Litigants and counsel must comply with court-issued practice directions on filing submissions

Court orders

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  1. 1.Certification of the Motion dated 18th September 2018 as urgent
  2. 2.Direction that the Motion be listed for hearing

Authorities

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Legislation

  • Court of Appeal Rulesrule 47(5)
On appeal from
High Court of Kenya at Embu
HC. C.A. No. 22 of 2014
Jurisdiction invoked
Rule 47(5) of the Court of Appeal Rules (single Judge in chambers)

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, "Embu Gaturi Housing Co-Op Society v Wamae Njenga & 2 others [2020] KECA 222 (KLR)", Case Analysis (2020). Civil Application No. 118 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2020/222/eng@2020-11-06

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