The Registered Trustees of Micro Enterprise Support Programme Trust (MESPT) v Kyome Fresh Co. Limited & 3 others (Civil Application 407 of 2020) [2023] KECA 832 (KLR)
The bottom line
#Kenya's Court of Appeal refused to forgive a seven-month late appeal because 'Covid-19' alone, without proof of real effort, is not a valid excuse for delay.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay of about 7 months in filing the notice of appeal was inordinate and explained
The delay was unreasonable and the applicant failed to provide a plausible explanation; the Covid-19 excuse and advocate inaction did not justify the extension.
The ruling was delivered on April 29, 2020 and the notice was due by May 13, 2020, but the notice was dated December 10, 2020, about 7 months late. The applicant blamed Covid-19 office closures and a communication breakdown but showed no effort to communicate with its advocate by email or with the Court. Covid Court practice guidelines were in place, so the delay reflected mere inaction by the applicant and its advocate.
The principles governing exercise of the court's discretion under rule 4 to extend time
The Salat principles apply: extension is equitable, requires a laid basis, case-by-case assessment of reasons for delay, prejudice, undue delay, and public interest in appropriate cases.
The court adopted the Supreme Court's statement of principles in Nicholas Kiptoo Arap Salat as the framework for the rule 4 discretion. Applying those principles, the 7-month delay was unreasonable and unexplained, so the discretion could not be exercised in the applicant's favour and the motion failed.
Legal principles established
#- Extension of time under rule 4 is an equitable remedy, not a right, and the applicant bears the burden of laying a basis and offering a reasonable explanation for the delay to the satisfaction of the Court.
Court orders
#- 1.The applicant's motion for extension of time to file and serve a notice of appeal is rejected/dismissed
- On appeal from
- High Court
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (discretion to extend time for the doing of any act)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "The Registered Trustees of Micro Enterprise Support Programme Trust (MESPT) v Kyome Fresh Co. Limited & 3 others (Civil Application 407 of 2020) [2023] KECA 832 (KLR)", Case Analysis (2023). Notice of motion dated December 22, 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2023/832/eng@2023-07-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.