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Court of AppealAllowedMotion dated 16th March, 2020 (Rule 4 application)

Maringo K.P. & T.C. Estate House Owners Association (Maringo Posta Estate) v Board of Trustees, Postal Corporation of Kenya Staff Pension Scheme [2021] KECA 380 (KLR)

Court of Appeal
23 July 2021
915 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~4 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal gave residents extra time to file an appeal because Covid-19 court closures made meeting the deadline impossible.

What this practically means

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Executive summary

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This was a single-Judge application under Rule 4 of the Court of Appeal Rules seeking extension of time to file a record of appeal. The applicant, an association whose members own units in a block of apartments on Sectional Title No. Nairobi/Block 51/84 (previously L.R No. 209/12577), had its constitutional petition dismissed by Obaga, J. of the Environment and Land Court on 30th January 2020, the court holding that the petitioners had failed to demonstrate that the respondents abdicated their statutory duties so as to warrant mandamus. The applicant lodged a notice of appeal on 13th February 2020 but failed to file the record within the 60 days prescribed by Rule 82(1). It attributed the delay to the Covid-19 pandemic and the judiciary lockdown announced in March 2020. The motion was heard by way of written submissions under the Court's Covid-19 Practice Note, with no response from the respondents despite service. Applying the established considerations - length and reason for delay, prejudice to respondents, and chances of success - Koome, JA took judicial notice that court processes were halted by the pandemic, found the delay not inordinate, held that the draft issues deserved to be canvassed before the full Court, and found no prejudice to the respondents. The motion was allowed with no orders as to costs, and the applicant was directed to file the record of appeal within 14 days.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the applicant should be granted leave to file the record of appeal out of time under Rule 4 of the Court of Appeal Rules
  2. 2.Whether the delay in filing the record of appeal was inordinate and satisfactorily explained

Key legal issues

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01

Whether the delay in filing the record of appeal was inordinate given the Covid-19 pandemic

Holding

The delay was not inordinate because the Covid-19 pandemic and the resulting scaling down of court activities hindered the applicant from filing on time; the applicant was given the benefit of the doubt.

Reasoning

The record of appeal was due within 60 days of the notice of appeal under Rule 82(1), i.e. by 30th March 2020. The motion was filed before expiry of that period. The court took judicial notice that court processes were halted following the announcement of the first Covid-19 case and that measures were being deliberated by government and the judiciary, and accepted the pandemic as a reasonable explanation.

p. 2
02

Whether the intended appeal was arguable and whether any prejudice would be occasioned

Holding

A single Judge cannot determine the merit of the intended appeal; the issues raised deserved to be canvassed before the full Court, and no prejudice would be occasioned to the respondent.

Reasoning

The court recognized the limited role of a single Judge on an extension-of-time application: it does not delve into the merits but considers whether the issues are fit for full argument and whether granting leave would prejudice the respondent. Finding no prejudice and arguable issues, the discretion was exercised in favour of the applicant.

p. 2

Legal principles established

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  • In exercising discretion under Rule 4 to extend time, the court considers the length of the delay, the reason for the delay, the degree of prejudice to the respondents, and possibly the chances of success of the intended appeal.
  • Whether a delay is inordinate depends on the reasonableness of the explanation given for it.

Court orders

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  1. 1.The motion dated 16th March, 2020 is allowed with no orders as to costs
  2. 2.The applicant is directed to file the record of appeal within 14 days of the ruling

The bench

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One judgment of the whole court — no separate or dissenting opinions.

Martha Karambu Koome
M. K. KoomeJA
Currently serving
majority

Wrote the judgment

On appeal from
Environment and Land Court (ELC)
Constitutional petition (petition dismissed by judgment dated 30th January, 2020)
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules (extension of time)

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

Accordingly, the motion dated 16th March, 2020 is hereby allowed with no orders as to costs. The applicant is directed to file the record of appeal within 14 days of this ruling.
p. 2Final orders - extension of time granted
I am therefore inclined to give the applicant the benefit of doubt that it was hindered by the then prevailing circumstances from lodging the record of appeal on time. As a result, I find that the delay was not inordinate.
p. 2Covid-19 as a reasonable explanation for delay
whether or not the delay can be deemed as inordinate is dependent on the reasonableness of explanation given
p. 2Test for inordinate delay

Issues in the judgment

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minor

The copy of the ruling is unsigned and certified by a deputy registrar; the signature line after the judge's name is blank, though the name M. K. Koome is printed.

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, "Maringo K.P. & T.C. Estate House Owners Association (Maringo Posta Estate) v Board of Trustees, Postal Corporation of Kenya Staff Pension Scheme [2021] KECA 380 (KLR)", Case Analysis (2021). Motion dated 16th March, 2020 (Rule 4 application). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2021/380/eng@2021-07-23

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