Amin Ahmed Juneja v Roshan Jqbal Juneia
The bottom line
#Kenya's Court of Appeal confirmed that cross-appeals follow Rule 93's timeline, not the 14-day notice rule for appeals.
What this practically means
#Executive summary
#Key legal issues
#Whether Rule 75 applies to cross-appeals
It does not; Rule 93 is a complete code for cross-appeals and makes no reference to Rule 75, so no separate 14-day notice is required.
The court read Rule 93 as laying down the complete steps for a respondent desiring to cross-appeal: a notice specifying grounds and the order proposed, lodged under Rule 93(2). Rule 93 makes no reference to Rule 75 and there is no requirement for any other notice. The 14-day timeline in Rule 75 governs only notices of appeal by an appellant.
Timeliness of the cross-appeal filed 22nd October 2021
Filed within time under Rule 93(2) because the appeal has not been set down for hearing.
Rule 93(2) permits lodgment 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. Since the appeal is not set down for hearing, the cross-appeal lodged on 22nd October 2021 was timeous.
Constitutionality of Rule 93(2)
The court declined to determine the constitutional question as no constitutional challenge to Rule 93(1) was before it.
The applicant argued that Rule 93(2) yields unequal treatment of parties and is unconstitutional. The court noted there was no constitutional challenge before it and declined to express itself on that question either way.
Legal principles established
#- Rule 75 of the Court of Appeal Rules, 2010, governing notices of appeal, does not apply to cross-appeals; cross-appeals are governed exclusively by Rule 93.
- 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 (inherent power invoked by the applicant)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Amin Ahmed Juneja v Roshan Jqbal Juneia", Case Analysis (2022). Civil Appeal (Application) 35 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/1045/eng@2022-09-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.