Mary Njeri Ngugi & another v Joel Kimama Nganga & 3 others [2017] KEELC 3150 (KLR)
The bottom line
#The High Court allowed a family to appeal late and blocked their eviction, but only after paying Kshs. 1 million into court as security.
What this practically means
#Executive summary
#Key legal issues
#Extension of time to file an appeal out of time
Time was extended because the delay was not unreasonable
Judgment was delivered on 13th March 2015. The Applicants wrote ten days later, on 23rd March 2015, seeking a certified copy of the judgment and typed proceedings, received them on 10th April 2015 and filed the application on 4th May 2015. Applying the discretionary principles from Agip (Kenya) Ltd v Highland Tyres Ltd, the court found no unreasonable delay and extended time, deeming the Notice and Memorandum of Appeal duly filed.
Stay of execution pending appeal under Order 42 rule 6(2)
Stay granted on condition of security of Kshs. 1 million
The court found the Applicants resided on the suit premises for over 20 years and that eviction before the appeal was determined would occasion substantial loss; the application was made without unreasonable delay. As to security, given the Respondent's long deprivation of the land, the court conditioned the stay on the Applicants paying Kshs. 1 million into court within 30 days, failing which execution would lie.
Legal principles established
#- The power to extend time is discretionary and the key factor is whether the delay is unreasonable
- Delay is decided on the circumstances of each case and the court should be lenient
- A party relying on substantial loss must specify the loss with particulars
Court orders
#- 1.Extension of time for filing the Appeal
- 2.The annexed Notice of Appeal and Memorandum of Appeal deemed as duly filed
- 3.Stay of execution of the judgment delivered on 13th March 2015 granted on condition that the Applicants pay into court Kshs. 1 million within 30 days, failing which the Respondent is at liberty to execute
- On appeal from
- Thika Magistrates Court
- CMCC No. 39 of 2004
- Jurisdiction invoked
- Discretionary power to extend time and Order 42 rules 6(1), (2) and (6) of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mary Njeri Ngugi & another v Joel Kimama Nganga & 3 others [2017] KEELC 3150 (KLR)", Case Analysis (2017). Notice of Motion dated 4th May 2015 (arising from CMCC No. 39 of 2004, Thika Law Courts). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2017/3150/eng@2017-01-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.