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Court of AppealDismissedCivil Application E337 of 2021· [2022] KECA 1003 (KLR)
Apollo v Guaranty Trust Bank (K) Ltd
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·~4 min to read original · ~4 min briefThe bottom line
#The Court of Appeal refused to extend time for an appeal because a 17-month delay was never explained, so the employment judgment stands.
What this practically means
#Executive summary
#This is a single-judge ruling of the Court of Appeal at Nairobi by W Karanja, JA, on the applicant's notice of motion seeking leave to file and serve a notice of appeal and appeal out of time from the judgment of Radido, J in ELRC Cause No. 740 of 2014 delivered on 13 March 2020, dismissing the applicant's employment claim. The applicant filed his notice of appeal on time but inadvertently served it on the Office of the Director of Public Prosecutions on 7 August 2020 - four months late and on the wrong party - owing, he said, to confusion with a related criminal appeal. A further twelve months elapsed before he moved the court. The respondent opposed, contending the delay was inordinate and unexplained, that neither the impugned judgment nor a draft memorandum of appeal was annexed, and that litigation must come to an end. Applying the settled Rule 4 guidelines as restated in Muringa Company Ltd v Archdiocese of Nairobi Registered Trustees, the court found the applicant's affidavit silent on the length of and reasons for the delay, and held that none of the extension-of-time considerations had been met. The judge criticised counsel's 'lackadaisical' handling of the matter. The application was dismissed with costs to the respondent. The ELRC judgment therefore stands undisturbed and no appeal was admitted out of time.
Key legal issues
#01
Whether the unexplained delay of approximately 17 months warranted extension of time
Holding
The delay was inordinate and wholly unexplained; the applicant failed to meet the Rule 4 criteria and the application was dismissed.
Reasoning
The notice of appeal was served on the wrong party (the DPP) four months late, and a further 12-month delay before moving the court was never explained. The affidavit was silent on the length of and reasons for the delay, and the judgment and draft memorandum of appeal were not annexed, preventing assessment of arguability.
Legal principles established
#- An extension of time under Rule 4 requires consideration of the length of and reasons for delay, prejudice, party conduct, balancing of interests, public interest, and whether the intended appeal is arguable.
Court orders
#- 1.The application to extend time to file and serve the notice of appeal and appeal out of time was dismissed
- 2.Costs awarded to the respondent
- On appeal from
- Employment and Labour Relations Court at Nairobi
- ELRC Cause No. 740 of 2014
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (application to extend time to file and serve notice of appeal and appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Apollo v Guaranty Trust Bank (K) Ltd", Case Analysis (2022). Civil Application E337 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/1003/eng@2022-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.