Njenga & 3 others v Chelule & another (Civil Application 163 of 2019) [2021] KECA 458 (KLR)
The bottom line
#Kenya's Court of Appeal ruled that if you were never told a judgment was delivered, you can still get extra time to appeal.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicants' delay in filing the notice of appeal was adequately explained and excusable
Yes. The applicants were never notified of the delivery of judgment; the delay of about 17 days after learning of the judgment was not inordinate, and non-notification of judgment delivery constitutes sufficient ground for extension of time.
The court noted it is the duty of the court to notify parties of the judgment date, especially when the initially given date changes. Having learned of the judgment on 27th September 2019, the applicants filed their motion on 15th October 2019, roughly 17 days later. Though this residual delay was unexplained, it was not inordinately long. Delivery of judgment without notice justified enlarging time.
Legal principles established
#- The Court's Rule 4 discretion to extend time is unfettered but must be exercised judicially, considering the reason for the delay, its length, prejudice to the respondent, and the chances of the appeal succeeding.
- Where a judgment is delivered in the absence of a party without notification and the party becomes aware of it after expiry of the prescribed time, that constitutes sufficient ground for extension of time.
Court orders
#- 1.Extension of time granted to file a notice of appeal from the High Court judgment delivered on 11th July 2019
- 2.The notice of motion lodged on 15th October 2019 deemed as properly filed
- 3.The applicants to file a record of appeal within 60 days from the date of the order
- 4.Costs of the motion to be in the appeal
- On appeal from
- High Court (Environment and Land Court)
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (inherent discretion to extend time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Njenga & 3 others v Chelule & another (Civil Application 163 of 2019) [2021] KECA 458 (KLR)", Case Analysis (2021). Rule 4 application (notice of motion lodged 15th October 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2021/458/eng@2021-06-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.