Kyanjau Co-operative Society Limited v Miriam Wanjiru Nganga [2019] KEELC 2604 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether leave to appeal out of time under Section 79G of the Civil Procedure Act should be granted
Leave refused: the delay was inordinate and inexcusable and the appeal lacked overwhelming chances of success
Section 79G requires appeals from subordinate courts to be filed within thirty days, extendable on good and sufficient cause. The judgment was delivered on 17th October 2017, so time expired around 17th November 2017. The Applicant blamed unavailability of typed proceedings, but the certified copies were available by 15th/25th January 2018, and no letter showed an immediate request. No reasons were given why the Board could not meet sooner than June 2018.
Whether the intended appeal was arguable with overwhelming chances of success
The appeal had no overwhelming chances of success because the tribunal's award mirrored the Applicant's own witness's testimony
The Applicant's Chairman had testified that its own Surveyor allocated the Claimant a swampy area, and that the society was willing to give two alternative plots. The tribunal's order that the Claimant receive the ¼ acre was therefore consistent with the evidence adduced by the Applicant's own witness and could not be faulted on appeal.
Legal principles established
#- Extension of time is an equitable remedy available only to a deserving party, and rules and timelines serve to make adjudication fair, just and certain
Court orders
#- 1.The Notice of Motion application dated 12th June 2018 is dismissed
- 2.Costs to the Respondent
- On appeal from
- Co-operative Tribunal
- Co-operative Tribunal Case No.382 of 2016
- Jurisdiction invoked
- Section 79G of the Civil Procedure Act; Section 81 of the Co-operative Societies Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kyanjau Co-operative Society Limited v Miriam Wanjiru Nganga [2019] KEELC 2604 (KLR)", Case Analysis (2019). Notice of Motion dated 12th June 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2019/2604/eng@2019-06-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.