Denancy Investment Limited & another v Stavroula Georgopoulou (formerly) Stavroula Rousals & 7 others
The bottom line
#The Court of Appeal refused to extend time to appeal because a notice had already been filed on time, but allowed the appeal grounds to be amended.
What this practically means
#Executive summary
#Key legal issues
#Whether extension of time was necessary or available
Dismissed as misconceived because the notice of appeal had been lodged in time on 18 February 2021.
The Judge perused the record and found a Notice of Appeal dated 16 February 2021 lodged and received in the superior court on 18 February 2021. Since the notice was already on record within time, there was nothing to extend; the applicants' complaint about failure to file the appeal could not sustain an extension application.
Leave to amend the Memorandum of Appeal
Granted under Rule 46 in terms of the draft Amended Memorandum of Appeal dated 14 January 2022.
Despite dismissing the extension prayer, the Judge exercised discretion under Rule 46 to allow amendment of the Memorandum of Appeal dated 23 November 2021 in terms of the annexed draft, permitting the appeal to proceed on the amended grounds.
Jurisdiction of a single Judge over stay of proceedings
The prayer fell outside a single Judge's jurisdiction and was not entertained.
The Judge observed that apart from costs, the request for stay of proceedings in the ELC case could not be granted by a single Judge, implicitly declining that relief without further analysis.
Legal principles established
#- Where a notice of appeal has already been lodged within time, an application for extension of time to lodge it is misconceived and must be dismissed.
- A single Judge of the Court of Appeal lacks jurisdiction to order a stay of proceedings in the superior court.
Court orders
#- 1.Application for extension of time dismissed
- 2.Leave granted pursuant to Rule 46 to amend the Memorandum of Appeal in terms of the draft Amended Memorandum of Appeal dated January 14, 2022
- 3.Costs of the application borne by the applicants
- On appeal from
- Environment and Land Court at Makueni
- E.L.C Case No. 86 of 2016 (formerly Machakos No. 4 of 2016)
- Jurisdiction invoked
- Rules 4, 5(2)(b), 16, 39, 40, 44 and 47 of the Court of Appeal Rules, 2010 (single Judge jurisdiction under Rule 4 and Rule 46)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Denancy Investment Limited & another v Stavroula Georgopoulou (formerly) Stavroula Rousals & 7 others", Case Analysis (2022). Civil Appeal (Application) E007 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/1078/eng@2022-10-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.