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Court of AppealAllowedCivil Application E037 of 2024· [2024] KECA 1200 (KLR)
Ongoro v Administrators of the Estate of Oon Ouma (Civil Application E037 of 2024) [2024] KECA 1200 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#The Court of Appeal allowed a late appeal by adopting the parties' own agreement, confirming that negotiated consents can resolve filing deadline problems.
What this practically means
#Executive summary
#This is a short single-Judge order of the Court of Appeal at Kisumu made by JM Ngugi, JA on 20 September 2024 in an application for extension of time. The applicant, Clement Kotonya Ongoro, had sought an order deeming a Notice of Appeal dated 7 February 2024 as properly filed and served within time, in respect of a judgment of the Environment and Land Court at Homabay (Ong'ondo, J.) delivered the same day in ELC Case No. E043 of 2022. When the application dated 25 March 2024 came up for hearing before the single Judge on 22 April 2024, the parties' respective advocates, the firm of Rapando & Odunga Advocates for the applicant and Kerario Marwa & Co. Advocates for the respondents, filed a consent dated 22 April 2024. By that consent the parties agreed that the application be allowed, that the Notice of Appeal and the appeal be deemed duly filed, served and properly on record, and that costs would abide the outcome of the appeal. The Judge held that the effect of the mutually agreed consent was to compromise the application and adopted the consent as the order of the Court. The application was therefore allowed in its entirety by consent, with no contested determination of the extension-of-time principles. The intended appeal now stands properly on record, and the substantive appeal remains to be heard on its merits.
Key legal issues
#01
Whether the parties' consent disposing of the extension-of-time application could be adopted as a court order
Holding
Yes. The single Judge adopted the parties' consent in full, giving effect to the compromise reached between the applicant's and respondents' firms.
Reasoning
Both firms of advocates recorded a consent allowing the application and deeming the Notice of Appeal filed within time, with costs to abide the appeal. The Judge found that the consent compromised the application and adopted it as the order of the Court. This is an ex temporé order on consent, not a reasoned ruling.
p. 1
Legal principles established
#- A consent between the parties compromising an interlocutory application before the Court may be adopted as an order of the Court, binding the parties accordingly.
Court orders
#- 1.The consent dated 22nd April, 2024 is adopted as the order of the Court
- 2.The application dated 25th March, 2024 is allowed by consent
- 3.The Notice of Appeal dated 7th February, 2024 and the Appeal are deemed as duly filed, served and properly on record
- 4.Costs to abide the outcome of the appeal
- On appeal from
- Environment and Land Court at Homabay
- ELC Case No. E043 of 2022
- Jurisdiction invoked
- Application for extension of time under the Court of Appeal Rules (single Judge jurisdiction)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ongoro v Administrators of the Estate of Oon Ouma (Civil Application E037 of 2024) [2024] KECA 1200 (KLR)", Case Analysis (2024). Civil Application E037 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2024/1200/eng@2024-09-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.