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Court of AppealDismissedCivil Application E022 of 2024· [2024] KECA 1869 (KLR)

Eliud Maina Kagunda & another v Priscila Nyakiega Kagunda & another

Court of Appeal
19 December 2024
652 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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The Court of Appeal confirmed that fast-tracking an appeal in Kenya is done by writing to the deputy registrar, not by asking the judges directly.

What this practically means

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Executive summary

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This is a ruling of the Court of Appeal on a notice of motion dated 30th October 2024, brought under rules 3A and 3B of the Appellate Jurisdiction Act by Eliud Maina Kagunda and Stanley Kagunda Njogo, applicants in an intended appeal arising from a ruling of the High Court at Meru (Muriithi, J.) delivered on 30th May 2023 in HC Succ. Case No. 383 of 2003, a succession matter. The applicants, one of whom deponed that he is 72 years old, ailing and bedridden, sought an order that the appeal be listed for hearing on a priority basis or, in the alternative, that a notice of preliminary objection dated 29th October 2024 be listed expeditiously, citing the ailing 9th respondent. The respondents filed no response, though the 7th, 8th and 9th respondents filed submissions urging the preliminary objection. The court discerned a single issue: whether to fast-track the pending appeal by issuing a priority date. It held that the bench is not seized of the court's diary; the registry, headed by the deputy registrar, is charged with fixing dates and can fast-track a matter where there is sufficient reason simply through a letter. The pending preliminary objection would have to be argued before the bench hearing the appeal. The application was dismissed with no orders as to costs. The decision below was not disturbed; this ruling does not affect the earlier stay of eviction granted on 27th November 2023.

Key legal issues

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01

Whether the Court of Appeal bench can direct priority listing of an appeal

Holding

The application was misplaced because the bench is not seized of the court's diary; date-fixing rests with the deputy registrar, who may fast-track a matter on sufficient reason via a letter

Reasoning

The court framed a single issue: whether to fast-track the pending appeal by issuing a priority date. It reasoned that the bench has no control over the court's diary; the registry, headed by the deputy registrar, is charged with fixing dates and can fast-track a matter where sufficient reason exists simply through a letter. The pending preliminary objection would in any event be argued before the bench hearing the appeal, so no priority direction was warranted.

p. 2

Legal principles established

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  • Fixing of hearing dates, including fast-tracking, is a function of the registry headed by the deputy registrar, not the bench, and can be done through a letter where sufficient reason exists

Court orders

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  1. 1.The application dated 30th October 2024 is dismissed with no orders as to costs

Authorities

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Legislation

  • Appellate Jurisdiction Actrules 3A and 3B
On appeal from
High Court at Meru
HC Succ. Case No. 383 of 2003
Jurisdiction invoked
Rules 3A and 3B of the Appellate Jurisdiction Act

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Eliud Maina Kagunda & another v Priscila Nyakiega Kagunda & another", Case Analysis (2024). Civil Application E022 of 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2024/1869/eng@2024-12-19

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