Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealDismissedCivil Appeal No. E029 of 2021 (application)· [2024] KECA 1829 (KLR)

Zain Abubakar Mohamed Alzubidi v Standard Chartered Bank Ltd & 8 others

Court of Appeal of Kenya
20 December 2024
1,962 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~8 min to read original · ~4 min brief

The bottom line

#

The Court of Appeal cannot extend time to file a Supreme Court appeal — only the Supreme Court itself can grant that extension under its own rules.

What this practically means

#

Executive summary

#
This is a ruling by W. Korir, JA, sitting as a single Judge of the Court of Appeal at Nairobi, delivered on 20th December 2024 on a notice of motion dated 10th September 2024 by Zain Abubakar Mohamed Alzubidi. The applicant, who had been a party in Civil Appeal No. E029 of 2021 decided by Gatembu, Nyamweya and Lesiit, JJA on 22nd September 2023, sought leave to appeal out of time and stay of execution pending an intended appeal to the Supreme Court. Rule 55(1) of the Court of Appeal Rules, 2022 confined the single Judge to the extension-of-time prayer. The 2nd and 3rd respondents objected on jurisdictional grounds, arguing that rule 4 of the Court of Appeal Rules was inapplicable and that a notice of appeal to the Supreme Court requires certification. The court held that the governing procedure for an intended Supreme Court appeal is the Supreme Court Act and the Supreme Court Rules, 2020. Rule 15(2) of those Rules vests the power to extend time in 'the Court', which, read with rule 2 and section 2 of the Supreme Court Act and Article 163(1) of the Constitution, means the Supreme Court itself. Unlike section 7 of the Appellate Jurisdiction Act, which empowers the High Court to extend time for appeals to the Court of Appeal, no equivalent provision empowers the Court of Appeal to extend time for Supreme Court appeals. The application was dismissed with costs to the 2nd and 3rd respondents.

Key legal issues

#
01

Jurisdiction to extend time for a Supreme Court appeal

Holding

The Court of Appeal, even sitting as a single Judge, cannot extend time for filing a notice of appeal to the Supreme Court. Rule 15(2) of the Supreme Court Rules confers that power on 'the Court', which means the Supreme Court of Kenya.

Reasoning

The applicable procedural law for appeals to the Supreme Court is the Supreme Court Act and the Supreme Court Rules, 2020. Reading rule 15(2) with rule 2 and section 2 of the Supreme Court Act, the word 'Court' refers to the Supreme Court established under Article 163(1). Unlike section 7 of the Appellate Jurisdiction Act, which empowers the High Court to extend time for appeals to the Court of Appeal, no equivalent provision empowers the Court of Appeal to extend time for Supreme Court appeals. Jurisdiction is derived from the Constitution or statute, and none exists here.

p. 3
02

Certification as a precondition

Holding

The court declined to determine whether a notice of appeal can be validly filed before certification, but referred the parties to rule 36(4) of the Supreme Court Rules, under which certification is not required before filing the notice of appeal.

Reasoning

The single Judge held it was outside his jurisdiction to determine the validity of a notice of appeal filed before the Supreme Court prior to certification. He nonetheless pointed the parties to rule 36(4), which expressly states that in lodging an appeal on a matter of general public importance, it is not necessary to obtain certification before filing the notice of appeal, and to the Salat decision.

p. 3
03

Governing rules for an intended Supreme Court appeal

Holding

The applicable rules for lodging a notice of appeal in an intended appeal to the Supreme Court are the Supreme Court Rules, not the Court of Appeal Rules.

Reasoning

Since the intended appeal lies against a judgment of the Court of Appeal and will be prosecuted before the Supreme Court, the Supreme Court Rules govern. The court endorsed the Sirikwa Squatters dictum that the Supreme Court Act and Supreme Court Rules, 2020 provide the substantive and procedural law for that Court, and there is no basis to rely on other laws unless expressly provided for.

p. 3

Legal principles established

#
  • A single Judge of the Court of Appeal has no jurisdiction to extend time for filing a notice of appeal in respect of an intended appeal to the Supreme Court; that jurisdiction is reserved to the Supreme Court under rule 15(2) of the Supreme Court Rules

Court orders

#
  1. 1.The notice of motion dated 10th September 2024 is dismissed
  2. 2.Costs awarded to the 2nd and 3rd respondents
On appeal from
Court of Appeal of Kenya
Civil Appeal No. E029 of 2021
Jurisdiction invoked
Sections 3A and 3B of the Appellate Jurisdiction Act and rules 4 and 49 of the Court of Appeal Rules, 2022 (as invoked by the applicant); rule 55(1) of the Court of Appeal Rules, 2022 limits the single Judge's jurisdiction

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Zain Abubakar Mohamed Alzubidi v Standard Chartered Bank Ltd & 8 others", Case Analysis (2024). Civil Appeal No. E029 of 2021 (application). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2024/1829/eng@2024-12-20

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.