Kori & 2 others v Munene & 3 others
The bottom line
#The Court of Appeal refused to extend time to file an appeal record because the applicants gave no explanation for the delay or evidence of steps taken.
What this practically means
#Executive summary
#Key legal issues
#Whether extension of time should be granted to file and serve the record of appeal
Refused because the applicants gave no explanation for the failure to file the record, no evidence of steps to obtain proceedings, and no proof of the deposit for typing proceedings.
Applying the Mutiso and Muringa principles - length of delay, reason for delay, chances of success and prejudice - the court found the delay in filing the record wholly unexplained. Without a certificate of delay, service of the bespeaking letter, or payment of typing deposit, there was no material on which the unfettered discretion under Rule 4 could be exercised judicially.
Whether the delay in lodging the notice of appeal was excusable
Yes; the short delay was countenanced since lodgement timing is within the registrar's control, and the Judge would have allowed 7 days to serve the notice.
The applicants lodged the notice on 16 July 2019 though they asserted filing on 9 July. The Judge accepted that a party has no control over when the registrar signs and lodges a notice, and held that even on the later date, a delay of a few days could be excused.
Legal principles established
#- An applicant seeking extension of time to file a record of appeal must explain the failure to file on time and demonstrate steps taken to pursue proceedings; absent such material the discretion cannot be exercised.
- Leave of the Court is not required to act in person; filing a notice of appearance in person suffices.
Court orders
#- 1.The application is dismissed with no order as to costs
- On appeal from
- Environment and Land Court at Kerugoya
- ELC case no. 20 of 2016 (O.S)
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules, 2010 (single Judge jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kori & 2 others v Munene & 3 others", Case Analysis (2022). Civil Application 143 of 2019. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/1434/eng@2022-10-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.