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Court of AppealAllowedCivil Appeal (Application) E328 of 2022· [2022] KECA 1330 (KLR)
Action Africa Help International v Nyarwati
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·~2 min to read original · ~4 min briefThe bottom line
#The Court of Appeal let Action Africa Help International appeal out of time after both sides agreed, with the NGO paying Kshs 15,000 in throwaway costs.
What this practically means
#Executive summary
#This is a short ruling of the Court of Appeal (Ngenye-Macharia, JA) on a notice of motion dated September 12, 2022 by Action Africa Help International seeking extension of time to file an appeal and Record of Appeal out of time against the judgment of the High Court of Kenya (Nzioki Wa Makau, J) dated June 15, 2022 in ELRC No. E199 of 2021, an employment and labour relations petition brought by Jacob Mang'ondi Nyarwati. The motion was brought under Section 3A and 79G of the Civil Procedure Act, Order 50 Rule 6 and Order 51 Rule 1 of the Civil Procedure Rules, 2010, and Rule 4 of the Court of Appeal Rules, and sought enlargement of time, deeming of the annexed memorandum of appeal as duly filed, and costs. The application was supported by grounds on the face of the motion and an affidavit sworn by the applicant's advocate, Anyango Bwire. Before the court could rule on the merits, the parties filed a consent dated October 21, 2022 agreeing that the application be allowed and that the applicant pay the respondent throw away costs of Kshs 15,000/=. The judge adopted the consent as an order of the court and directed that the annexed memorandum of appeal be deemed duly filed and served upon payment of the requisite fees; that the applicant has sixty days from the date of the ruling to file and serve the Record of Appeal; and that costs be paid as agreed between the parties. The application therefore succeeded by consent, with no contested determination of the extension-of-time criteria.
Key legal issues
#01
Adoption of parties' consent as an order of the court
Holding
The court adopted the consent allowing the application, deeming the memorandum of appeal filed and granting 60 days to file the Record of Appeal.
Reasoning
The applicant's motion sought extension of time to appeal against the High Court judgment. The parties filed a consent agreeing that the application be allowed and that the applicant pay throw away costs of Kshs 15,000/=. The single judge adopted the consent as an order of the court and issued consequential directions.
p. 2
Legal principles established
#- A consent filed by parties in an extension-of-time application may be adopted as an order of the court, which then gives directions for filing the appeal and record of appeal.
Court orders
#- 1.The consent dated October 21, 2022 adopted as an order of the court
- 2.The annexed memorandum of appeal deemed duly filed and served upon payment of the requisite fees
- 3.The applicant has sixty (60) days from the date of the Ruling to file and serve the Record of Appeal
- 4.Costs be paid as agreed between the parties
- On appeal from
- High Court of Kenya
- ELRC No. E199 of 2021
- Jurisdiction invoked
- Section 3A and 79G of the Civil Procedure Act, Cap 21; Rule 4 of the Court of Appeal Rules; Order 50 Rule 6 and Order 51 Rule 1 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Action Africa Help International v Nyarwati", Case Analysis (2022). Civil Appeal (Application) E328 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/1330/eng@2022-12-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.