Chepkwony (Suing as the Administrator of Limited Grant of the Estate of Kaplachan Maritim) v Langat
The bottom line
#Kenya's Court of Appeal struck out an appeal filed one day late, confirming that emailing a notice of appeal is not filing and late filers must seek extension of time.
What this practically means
#Executive summary
#Key legal issues
#Whether a notice of appeal filed one day out of time without leave is properly on record
It is not; it is a nullity and must be struck out, the only remedy being an application for extension of time under Rule 4 of the Court of Appeal Rules, 2022.
Rule 77(2) requires filing within 14 days of the decision. The official receipt showed payment on June 10, 2022, one day after the period lapsed on June 9, 2022. Emailing the notice to the registry is not filing. Following Supreme Court authority, a document filed out of time without leave is of no legal consequence, and the respondent never sought extension of time.
Whether alleged M-PESA delays and registry difficulties excuse the late filing
No; such averments were unsupported by evidence and could only assist an application for extension of time.
The respondent blamed Safaricom and the Judiciary but produced no evidence of the M-PESA delays; he could have produced his own transactions for June 9, 2022. Where a party fails to comply with timelines, the onus shifts to that party to explain the delay through an extension-of-time application, which was never made.
Legal principles established
#- A notice of appeal filed out of time without leave of the court is a nullity and must be struck out; the remedy is an application for extension of time under Rule 4, whether before or after the doing of the act.
- Transmission of a notice of appeal to the court registry by email does not amount to filing; filing occurs upon payment of the requisite fees.
- A notice of appeal is the jurisdictional key to the appellate court; without a valid and proper notice of appeal on record, the court cannot entertain an appeal.
Court orders
#- 1.The applicant's Notice of Motion dated July 12, 2022 is allowed
- 2.The respondent's Notice of Appeal dated May 31, 2022 and lodged in court on June 10, 2022 is struck out
- 3.Costs of the application to the applicant
- On appeal from
- Environment and Land Court at Kericho
- ELC Case No. 8 of 2012
- Jurisdiction invoked
- Sections 3A and 3B of the Appellate Jurisdiction Act, cap. 9, and Rule 86 of the Court of Appeal Rules, 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chepkwony (Suing as the Administrator of Limited Grant of the Estate of Kaplachan Maritim) v Langat", Case Analysis (2022). Civil Application E039 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/1367/eng@2022-12-08
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.