Royal Balloon Limited v County Government of Narok (Civil Application 164 of 2019) [2024] KECA 1145 (KLR)
The bottom line
#Kenya's Court of Appeal struck out a late notice of appeal, confirming that strict filing deadlines in the Court of Appeal Rules must be met or the appeal dies.
What this practically means
#Executive summary
#Key legal issues
#Timeliness and competence of the notice of appeal
The notice of appeal lodged on 30th April 2019 against a judgment of 25th October 2018 was filed way out of time and served late, without any extension of time, rendering it incompetent.
Rule 75 requires a notice of appeal within fourteen days of the decision; rule 77 requires service within seven days of lodging. No letter bespeaking proceedings was filed or served, so the proviso to rule 82 could not extend time, and no application for extension of time was made. The respondent did not controvert the applicant's contention that the notice was filed out of time.
Alternative remedy of deeming the notice withdrawn under rule 83
Although the applicant sought both striking out and deeming the notice withdrawn, the Court exercised its discretion in favour of striking out for incompetence.
The substantive appeal was never instituted within sixty days of the notice of appeal, and no letter bespeaking proceedings was filed, so the respondent benefited from no extension of time. The Court found the procedural lapses serious and opted for striking out on incompetence rather than deeming withdrawal under rule 83.
Legal principles established
#- A notice of appeal filed outside the fourteen-day period prescribed by rule 75, without leave or extension of time, is incompetent and liable to be struck out.
- Failure to lodge a letter bespeaking proceedings within thirty days forfeits the benefit of the proviso extending time for instituting an appeal, and an unprosecuted notice of appeal serves no useful purpose.
Court orders
#- 1.The respondent's notice of appeal dated 17th April 2019 is struck out on account of incompetence, having been filed outside the stipulated period and without leave of the Court
- 2.Each party shall bear its own costs
- On appeal from
- High Court
- Narok (judicial review ruling delivered 25th October 2018)
- Jurisdiction invoked
- Sections 3A and 3B of the Appellate Jurisdiction Act and rules 77(1), 82(1) & (2), 83 and 84 of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Royal Balloon Limited v County Government of Narok (Civil Application 164 of 2019) [2024] KECA 1145 (KLR)", Case Analysis (2024). NKR HCMCA No.1 of 2018 (application dated 4th June 2019). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2024/1145/eng@2024-09-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.