Priscilla Jeruto Kisoso v Tungo Totona & 3 others
The bottom line
#Kenya's Court of Appeal gave a litigant more time to appeal a 13-day delay caused by the court's own failure to issue notice, though she pays the respondents' costs.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay in filing the appeal was inordinate and sufficiently explained
The delay of about 13 days from the applicant's awareness of the ruling was not inordinate and was sufficiently explained
The applicant became aware of the reviewed judgment only on 9th August 2024 upon service by the respondents' advocates, and the respondents themselves only learned of it on 9th July 2024. Though the court noted a lack of expedition by the applicant between 9th and 22nd August 2024, the actual delay of about 13 days was short and explained by the failure to issue a notice of delivery of the ruling after the trial judge's transfer.
Whether the intended appeal is arguable
The intended appeal raises an arguable question as to whether the Court of Appeal's orders in Civil Appeal 117 of 2017 remained alive when the ELC judge implemented them
The court examined the draft memorandum of appeal and found that whether the orders of the Court of Appeal were alive or dead at the time of implementation by the ELC judge is a question worthy of consideration on appeal. The respondents had neither confirmed nor denied their own compliance with the timelines given in Civil Appeal 117 of 2017.
Legal principles established
#- The discretion to extend time under rule 4 is unfettered but must be judicially exercised, weighing period and reason for delay, chances of success, prejudice and other relevant factors
Court orders
#- 1.The motion dated 22nd August 2024 is allowed with costs to the respondents
- 2.Time is extended to file and serve the notice of appeal and record of appeal
- 3.The applicant is directed to file the notice of appeal within 14 days of the ruling
- On appeal from
- Environment and Land Court, Nakuru
- Nakuru ELC Case No. 267 of 2017
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (extension of time discretion)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Priscilla Jeruto Kisoso v Tungo Totona & 3 others", Case Analysis (2024). Civil Application (Nakuru) arising from Civil Appeal 117 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2024/1337/eng@2024-09-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.