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Court of AppealOtherCivil Application E207 of 2021· [2022] KECA 465 (KLR)
Miwani Sugar Company (1989) Limited In Receivership v Crossley Holdings Ltd & 6 others
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·~1 min to read original · ~4 min briefThe bottom line
#Kenya's Court of Appeal confirmed that applications to amend a notice of appeal are heard by a single Judge, not the full Court.
What this practically means
#Executive summary
#This is a brief interlocutory ruling of a three-judge bench of the Court of Appeal (Musinga, ole Kantai and Mbogholi-Msagha, JJA) delivered on 18 March 2022. The application before the Court, brought by Miwani Sugar Company (1989) Limited In Receivership, was dated 7th December 2021 and sought to amend a notice of appeal dated 7th October 2021, in a matter arising from the judgment and decree of the Environment and Land Court at Kisumu (Ombwayo, J.) of 30th September 2021 in E.L.C. Constitutional Petition No. 6 of 2020. The underlying record of appeal was itself the subject of a striking-out/dismissal application under Sections 3 and 5(2)(d) of the Appellate Jurisdiction Act and Rules 75 and 84 of the Court of Appeal Rules, 2010. After considering counsel's oral submissions and examining rule 53 of the Court's Rules, the Court was satisfied that the amendment application ought to be heard before a single Judge rather than the full Court. It directed that the application be placed before a single Judge within seven days, allowed any opposing party three days to file and serve a replying affidavit and submissions, and ordered that the costs of that day be in the appeal. The Court made no determination on the merits of the amendment, the notice of appeal, or the striking-out application; no authority was cited and no substantive issue was decided.
Key legal issues
#01
Forum for hearing an application to amend a notice of appeal
Holding
The Court directed that the application be heard before a single Judge under rule 53 of the Court of Appeal Rules.
Reasoning
Having considered oral submissions and examined rule 53 of the Court's Rules, the full Court was satisfied that the amendment application dated 7th December 2021 fell to be determined by a single Judge, and gave directions for its expedited placement and for any opposition to be filed.
Legal principles established
#- An application under rule 53 of the Court of Appeal Rules to amend a notice of appeal is for determination by a single Judge, not the full Court.
Court orders
#- 1.The application dated 7th December 2021 be placed before a single Judge within seven (7) days from the date of the ruling
- 2.Any party wishing to oppose the application may file and serve a replying affidavit and submissions within three (3) days from the date of the ruling
- 3.Today's costs shall be in the appeal
- On appeal from
- Environment and Land Court at Kisumu
- E.L.C. Constitutional Petition No. 6 of 2020
- Jurisdiction invoked
- Sections 3, 5, (2)(d) of the Appellate Jurisdiction Act, Cap 9 Laws of Kenya and Rules 75 and 84 of the Court of Appeal Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Miwani Sugar Company (1989) Limited In Receivership v Crossley Holdings Ltd & 6 others", Case Analysis (2022). Civil Application E207 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/465/eng@2022-03-18
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.