Saicare Enterprises Limited v Mana Pharmacy & another
The bottom line
#Kenya's Court of Appeal struck out an appeal filed 78 days late, confirming that pending trial court applications do not pause the appeal deadline.
What this practically means
#Executive summary
#Key legal issues
#Timeliness of the notice of appeal under Rule 75(2)
The notice of appeal filed 78 days after judgment was out of time; no extension of time had been obtained to legitimize it.
Judgment was delivered on November 22, 2021 and the notice of appeal was filed on February 18, 2022, far beyond the 14 days prescribed by Rule 75(2). The respondents conceded the dates. There was no evidence of any application or order for extension of time legitimizing the late filing, so the notice was a nullity as against the jurisdictional requirement.
Whether trial court applications stopped time running
Applications for stay, setting aside and leave to come on record do not suspend the time for filing a notice of appeal against the judgment.
The respondents argued time began running on February 22, 2022 when the trial court ruled on their applications. The Court held that reasoning would only apply if the notice of appeal targeted that ruling; here the notice challenged the judgment and decree of November 22, 2021, so time ran from delivery of that judgment regardless of the pending applications.
Legal principles established
#- Filing a notice of appeal within the prescribed time is a jurisdictional prerequisite, not a technical matter; an appellate court without a timely notice cannot determine the appeal.
- Interlocutory applications in the trial court (stay, setting aside, leave to come on record) do not stop time running for filing a notice of appeal against the judgment.
Court orders
#- 1.The notice of appeal dated March 17, 2022 is struck out with costs to the applicant
- On appeal from
- High Court of Kenya at Nairobi, Milimani
- HCCC No. E044 of 2019
- Jurisdiction invoked
- Rule 84 of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Saicare Enterprises Limited v Mana Pharmacy & another", Case Analysis (2022). Civil Application E087 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/1058/eng@2022-10-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.