Juneja v Juneia
The bottom line
#Kenya's Court of Appeal confirmed that cross-appeals follow their own 30-day deadline rule, not the 14-day notice-of-appeal timeline.
What this practically means
#Executive summary
#Key legal issues
#Whether Rule 75 applies to cross-appeals
Rule 75 does not apply to cross-appeals; Rule 93 lays down the complete procedure for a respondent desiring to cross-appeal and makes no reference to Rule 75.
The court construed the express words of Rule 93, which prescribes the steps a respondent must take to contend that the decision below be varied or reversed, including specifying grounds and the order sought. That notice is the notice of cross-appeal. Rule 93 is complete for the purpose and requires no other notice, so the fourteen-day timeline in Rule 75 is inapplicable.
Timeliness of the cross-appeal filed 22nd October 2021
The cross-appeal was filed within time under Rule 93(2) because the appeal has not been set down for hearing.
It was common ground that the appeal had not been set down for hearing. Under Rule 93(2), a notice of cross-appeal may be lodged not more than thirty days after service of the memorandum and record of appeal or not less than thirty days before the hearing, whichever is later. Filing on 22nd October 2021 therefore satisfied the rule.
Constitutionality of Rule 93(1)
The court declined to determine the constitutionality of Rule 93(1) as no constitutional challenge was before it.
The applicant argued that Rule 93(2) yields unequal treatment of parties and is unconstitutional. The court noted that no constitutional challenge to Rule 93(1) was actually before it and declined to express itself on that question, confining itself to the interpretation issue properly raised.
Legal principles established
#- Rule 75 of the Court of Appeal Rules, 2010, governing notices of appeal, does not apply to cross-appeals; Rule 93 is the complete and exclusive provision governing notices of cross-appeal.
- A notice of cross-appeal is timeously lodged if filed not more than thirty days after service of the memorandum and record of appeal or not less than thirty days before the hearing, whichever is later.
Court orders
#- 1.The notice of motion dated 1st November 2021 is dismissed with costs
- On appeal from
- High Court of Kenya at Kisumu
- ELC. No. 46 of 2013
- Jurisdiction invoked
- Section 3A of the Appellate Jurisdiction Act and Rules 42 and 75(2) of the Court of Appeal Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Juneja v Juneia", Case Analysis (2022). Civil Appeal (Application) 35 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/1028/eng@2022-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.