Joyce Wanjiru Macharia & 3 others v Patrick Karanja Gakuu & 1 other
The bottom line
#The Court of Appeal refused to extend time to file a record of appeal because the request for typed proceedings was made late, so the appeal could not proceed.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicants qualified for the exclusion-of-time proviso to Rule 84(1) of the Court of Appeal Rules
They did not, because the letter requesting typed proceedings was dated 2nd February 2024, outside the 30-day window following the judgment of 15th November 2023, and was neither copied to nor served on the respondents' counsel.
The proviso to Rule 84(1) excludes from the computation of the 60-day period only such time as the registrar certifies where an application for proceedings has been made in accordance with sub-rule (2) within 30 days of the decision. The applicants' request, made on 2nd February 2024, fell outside that window. Consequently, the record of appeal was filed out of time and the applicants could not invoke the proviso or Rule 84(2).
Whether the absence of a replying affidavit obliged the court to allow the unopposed application
No. Even unopposed, an application that fails to meet the statutory prerequisites must fail.
The court noted there was no replying affidavit, but held that non-compliance with Rule 84(1) rendered the motion 'dead on arrival'. An unopposed application does not relieve the court of its duty to satisfy itself that the rules have been complied with before granting discretionary relief such as extension of time under Rule 4.
Legal principles established
#- A party cannot rely on the proviso to Rule 84(1) of the Court of Appeal Rules to extend time for instituting an appeal where the request for a copy of the proceedings was not made within 30 days after the decision appealed against.
Court orders
#- 1.The Notice of Motion dated 6th September 2024 seeking extension of time to file the record of appeal is dismissed
- 2.No order as to costs
- On appeal from
- Environment and Land Court, Thika
- not stated
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Joyce Wanjiru Macharia & 3 others v Patrick Karanja Gakuu & 1 other", Case Analysis (2025). Notice of Motion dated 6th September 2024 (Court of Appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1015/eng@2025-05-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.