National Land Commission v Runji & 4 others (Civil Appeal 24 of 2020) [2021] KECA 134 (KLR)
The bottom line
#Kenya's Court of Appeal confirmed you can amend a notice of appeal to fix honest mistakes, so long as no one is prejudiced.
What this practically means
#Executive summary
#Key legal issues
#Whether a notice of appeal may be amended to correct a misdescription of the Judge whose decision is appealed
Yes. The misdescription of Justice E.K. Ogola as Lady Justice was an inadvertent blunder; the amendment was allowed because no prejudice was shown and substantive justice prevails over technicality under Article 159.
The court found no contest that the impugned judgment was delivered by the Hon. Mr. Justice E.K. Ogola, so the reference to Lady Justice was a blunder. Relying on Madan, JA in Belinda Murai, mistakes are rectifiable where the interests of justice so dictate. The Kitengo decision that a notice of appeal is not amendable predated Article 159's dictate that substantive justice must reign over technicalities, and later decisions confirm amenability to amendment.
Whether a single judge has jurisdiction to hear an application for amendment of a notice of appeal
Yes, under Rule 53 of the Court of Appeal Rules the objection that the matter was for the full Court was rejected.
Counsel for respondents argued that the application, not being one for extension of time under Rule 4, was for the full Court. The single judge held that Rule 53 of the Court of Appeal Rules expressly permits a single judge to entertain such an application, so the jurisdictional objection failed.
Legal principles established
#- A notice of appeal is amenable to amendment, and inadvertent mistakes in it that occasion no prejudice may be corrected in the interests of substantive justice under Article 159 of the Constitution.
- An application for amendment of a notice of appeal may be heard by a single judge under Rule 53 of the Court of Appeal Rules.
Court orders
#- 1.The application is allowed in terms of prayers 1 and 2 of the application dated 15th June 2020
- 2.The applicant has 10 days from the date of delivery of the ruling to file and serve an amended notice of appeal correcting the title of the Judge whose judgment is challenged
- 3.Costs of the application shall be in the appeal
- On appeal from
- High Court
- Jurisdiction invoked
- Article 159(2)(d)(e) of the Constitution; Sections 3, 3A and 3B of the Appellate Jurisdiction Act; Rules 16, 42, 43, 44 and 53 of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "National Land Commission v Runji & 4 others (Civil Appeal 24 of 2020) [2021] KECA 134 (KLR)", Case Analysis (2021). Not stated in the judgment (application dated 15th June 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2021/134/eng@2021-11-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.