Keter v Koech & 3 others (Civil Application E006 of 2022) [2023] KECA 612 (KLR)
The bottom line
#The Court of Appeal refused to decide an extension-of-time application because the applicant had not filed proof that respondents were served with the hearing notice.
What this practically means
#Executive summary
#Key legal issues
#Whether the application could proceed where proof of service was absent
The court declined to determine the extension-of-time application because proof of service of the hearing notice was missing and no replies or submissions had been filed
The applicant's advocates were served with a hearing notice by email for a hearing by written submissions on January 24, 2023. However, at the time of the ruling the respondents had filed neither a reply nor submissions, and the affidavit of service proving service of the hearing notice as directed was not on the record. In the interest of justice, the court directed that the file return to the registry for service and filing of return of service, with the matter thereafter to be listed for directions before being set down for hearing. No substantive decision on extension of time was made.
Legal principles established
#- Before an application may be set down for hearing, the applicant must prove service of the hearing notice on the respondents and file an affidavit or return of service; where service is unproved and no responses are on record, the application must be returned to the registry for proper service
Court orders
#- 1.The file be returned to the registry for the application to be served upon the respondents and return of service be duly filed
- 2.The matter shall thereafter be listed for direction before it is set down for hearing
- On appeal from
- Environment & Land Court
- Kericho No. 73 of 2016
- Jurisdiction invoked
- Inherent jurisdiction of the Court of Appeal to extend time for lodging appeals (Court of Appeal Rules), invoked by an application for extension of time
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Keter v Koech & 3 others (Civil Application E006 of 2022) [2023] KECA 612 (KLR)", Case Analysis (2023). Civil Application E006 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2023/612/eng@2023-05-26
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.