Republic v County Government of Kajiado & 3 others Ex-parte Jackson Karanja Muhia [2018] KEELC 3267 (KLR)
The bottom line
#A Kenyan court refused to revive a landowner's appeal filed four years late, ruling the delay was unexplained and the move was an afterthought after losing a separate suit.
What this practically means
#Executive summary
#Key legal issues
#Whether enlargement of time to lodge an appeal should be granted after a delay of over four years
Application dismissed; the delay was inordinate and unexplained and the application was an afterthought
The court applied the Salat and Leo Sila Mutiso guidelines: length of delay, reason for delay, chances of appeal success and prejudice to the respondent. The applicant gave no explanation of steps taken after the April 2012 order, did not disclose the dismissed Nairobi ELC suit, and only moved in May 2016 after that suit failed. The 5th Respondent had taken possession with no stay or appeal on record, and would suffer prejudice if the orders were granted.
Whether injunctive relief pending the intended appeal could issue against the 5th Respondent
Refused; the 5th Respondent is the registered proprietor in actual possession
The court found the prayer unwarranted at that juncture because the 5th Respondent's registered ownership and actual possession of the suit land were undisputed, and the applicant had not demonstrated a meritorious intended appeal.
Legal principles established
#- Extension of time is discretionary and must be exercised judicially, guided by the length of and reason for delay, chances of appeal success and prejudice to the respondent
- An application for extension of time filed after inordinate, unexplained delay, prompted by an adverse outcome in parallel proceedings, is an afterthought and may be dismissed with costs
Court orders
#- 1.The Notice of Motion dated 6th May 2016 is dismissed
- 2.Costs of the application awarded to the 5th Respondent
- Jurisdiction invoked
- Sections 3, 3A and 95 of the Civil Procedure Act and Order 42 of the Civil Procedure Rules (enlargement of time and stay pending intended appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Republic v County Government of Kajiado & 3 others Ex-parte Jackson Karanja Muhia [2018] KEELC 3267 (KLR)", Case Analysis (2018). Notice of Motion dated 6th May 2016 (Judicial Review proceedings re LR No. NGONG/NGONG TOWNSHIP BLOCK 2/350). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2018/3267/eng@2018-05-22
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