Linguyani v Mbwabi
The bottom line
#Kenya's Court of Appeal ruled you cannot be punished for missing a court order you were never told about, and gave the appellant more time.
What this practically means
#Executive summary
#Key legal issues
#Non-compliance with an order the party did not know of
Non-compliance attributable to the court's failure to notify cannot defeat an extension application.
The court found it common ground that neither party was notified of the 15th June 2021 ruling; even the respondent learned of it six months later through registry inquiries. Since the court itself erred in not notifying the parties, the applicant could not be blamed for non-compliance with an order of which he was unaware.
Extension of time to comply with both limbs of the order
The applicant was entitled to seek extension of time to comply with both the filing and the costs limbs of the order.
Although the applicant would have been in better standing had he paid the Kshs. 20,000/= costs when demanded on 22nd January 2022, payment of costs was the second limb of the order, to be complied with within the same timelines, so he could not be begrudged seeking extension for both limbs together.
Whether the 30-day delay was inordinate
A 30-day delay in filing the application after knowledge of the ruling was not inordinate in the circumstances.
The court acknowledged the applicant could have acted with greater alacrity but held that, in the circumstances of the case, thirty days did not amount to inordinate or unreasonable delay warranting denial of the extension.
Legal principles established
#- A party cannot be faulted for failing to comply with an order of which the court, through its own error, failed to give notice.
- A 30-day delay in seeking extension of time to comply, where the party lacked notice of the order, does not amount to inordinate delay.
Court orders
#- 1.The application of 21st February 2022 is allowed
- 2.The applicant is granted fourteen (14) days to comply with the orders made in the ruling of 15th June 2021
- 3.Costs of this application shall be in the appeal
- On appeal from
- Court of Appeal
- Jurisdiction invoked
- Inherent jurisdiction of the Court of Appeal to extend time for compliance with its own orders (application for enlargement or extension of the ruling of 15th June 2021)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Linguyani v Mbwabi", Case Analysis (2022). Civil Application E030 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/865/eng@2022-07-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.