Jorim Obura Omollo & another v Tobias Otieno Ayieko [2019] KEELC 556 (KLR)
The bottom line
#A Kenyan court struck out an appeal filed late because a two-year unexplained delay could not be excused, even though the actual filing was only three days overdue.
What this practically means
#Executive summary
#Key legal issues
#Whether the application for enlargement of time was merited
Not merited. The delay of over two years in seeking admission of the appeal out of time was inordinate and unexplained.
The memorandum of appeal was filed 3 days late, but the extension application came more than two years after judgment. Ignorance of time limits and awaiting client instructions did not account for the two-year inaction. Once instructed, counsel was duty-bound to diligently rectify the default; the advocate's inaction could not be excused as inadvertence, and the application was a knee-jerk reaction to the strike-out application.
Whether the appeal should be struck out
Yes. There being no sufficient reasons for filing the appeal out of time, the appeal was incompetent and was struck out.
Applying section 79G of the Civil Procedure Act and the Salat principles on extension of time, the court found the delay inordinate and the explanation inadequate. Without good and sufficient cause, the appeal could not be admitted out of time and remained incompetent, justifying striking it out.
Legal principles established
#- An appeal filed out of the statutory period under section 79G may only be admitted if the appellant shows good and sufficient cause for the delay
- Inaction of an advocate cannot be excused as inadvertence when seeking extension of time
Court orders
#- 1.The Appellants' application to enlarge time to file the appeal dismissed
- 2.The appeal struck out for being filed out of time without sufficient reason
- On appeal from
- Subordinate court (not specified)
- Jurisdiction invoked
- Section 79G of the Civil Procedure Act (admission of appeal out of time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Jorim Obura Omollo & another v Tobias Otieno Ayieko [2019] KEELC 556 (KLR)", Case Analysis (2019). Not stated in the extract (ELC appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/556/eng@2019-11-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.