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Court of AppealDismissedCivil Application E295 of 2021· [2022] KECA 943 (KLR)
Dekoma Slaughter House, Meat Vendors & Livestock Dealers Co-operative Society v Mato
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·~3 min to read original · ~4 min briefThe bottom line
#The Court of Appeal refused to extend time to appeal because the applicant never showed the appeal had any real chance of success.
What this practically means
#Executive summary
#The applicant sought extension of time under rules 4, 42 and 43 of the Court of Appeal Rules to file a notice of appeal against a ruling of Gacheru, J of the Environment and Land Court at Thika delivered on 26th July 2021, which had dismissed the applicant's application to set aside orders of 14th October 2019 dismissing its appeal for want of prosecution. The applicant's advocate explained the delay: a court notice indicated delivery on 27th July 2021 but the ruling was delivered a day earlier; she learned of it on 29th July, obtained the ruling on 5th August, and her client needed internal consultation before instructing counsel on 16th August. The application was unopposed, the respondent filing neither a replying affidavit nor submissions, but the court considered it on its merits. Applying the four Leo Sila Mutiso factors, Musinga, JA held the delay was explained and not inordinate, but found the applicant had made no attempt to demonstrate that the intended appeal had chances of success - no averments to that effect and no draft memorandum of appeal. The court also noted the applicant had not shown the learned judge exercised her discretion injudiciously. The motion was dismissed with no order as to costs, the respondent having filed nothing in response. This ruling binds the ELC and subordinate courts on the principle that an applicant for extension of time must demonstrate arguability of the intended appeal.
Key legal issues
#01
Whether extension of time should be granted
Holding
Application dismissed because the applicant did not demonstrate arguability of the intended appeal
Reasoning
The court applied the Leo Sila Mutiso factors. The delay was explained and not inordinate, but the supporting affidavit contained no averment on the merits and no draft memorandum was filed. Perusal of the impugned ruling showed the applicant had not shown the ELC judge exercised her discretion injudiciously in dismissing the reinstatement application.
p. 2
Legal principles established
#- Extension of time is discretionary, assessed on delay, reason for delay, arguability of the intended appeal and prejudice to the respondent
Court orders
#- 1.Notice of motion dated 17th August 2021 dismissed
- 2.No order as to costs
- On appeal from
- Environment and Land Court at Thika
- E.L.C. No. 196 of 2017
- Jurisdiction invoked
- Rules 4, 42 and 43 of the Court of Appeal Rules (extension of time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Dekoma Slaughter House, Meat Vendors & Livestock Dealers Co-operative Society v Mato", Case Analysis (2022). Civil Application E295 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/943/eng@2022-07-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.