Stephen K.A.Sang & 2 others v Chebii Boiyo & 2 others [2020] KEELC 103 (KLR)
The bottom line
#The High Court in Eldoret gave a delayed appellant extra time because of COVID-19, but only protected him from execution if he deposited Kshs. 200,000.
What this practically means
#Executive summary
#Key legal issues
#Leave to file notice of appeal out of time
Extension of time granted; the one-week delay was explained by the COVID-19 pandemic, the shift to virtual proceedings and the difficulty of reaching unrepresented litigants
The court exercised its discretion under section 7 of the Appellate Jurisdiction Act and section 3A of the Civil Procedure Act. The judgment was delivered on 23rd April 2020, the 14-day period lapsed on 7th May 2020, and the application was filed on 26th May 2020. Taking judicial notice of the pandemic and the teething challenges of online hearings, and in furtherance of access to justice, the court found the delay adequately explained.
Stay of execution pending appeal
Stay granted but conditionally, because substantial loss was not demonstrated; security of Kshs. 200,000 imposed
Under Order 42 rule 6(2) of the Civil Procedure Rules the applicant had to show substantial loss, that the application was made without unreasonable delay, and offer security. Delay was not an issue, and security was offered, but there was no evidence the applicant occupied the suit land or that he would suffer the substantial loss he alleged. Balancing the respondent's entitlement to the fruits of judgment with the applicant's right of appeal, the court conditioned the stay on a deposit of Kshs. 200,000 within 30 days.
Legal principles established
#- Extraordinary circumstances such as the COVID-19 pandemic and the associated operational difficulties of courts constitute a reasonable explanation for delay in filing a notice of appeal, justifying extension of time
- An applicant for stay of execution must establish substantial loss; failure to prove occupation or the loss contemplated means the threshold is only partially met
Court orders
#- 1.The applicant is granted 14 days to file a notice of appeal out of time
- 2.Stay of execution of the judgment dated 23rd April 2020 granted on condition that the applicant deposits Kshs. 200,000 in a joint interest-earning account in the names of the advocates for the 1st defendant and the 3rd plaintiff within 30 days, failing which the order lapses
- Jurisdiction invoked
- Section 7 of the Appellate Jurisdiction Act; sections 3A and 95 of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Stephen K.A.Sang & 2 others v Chebii Boiyo & 2 others [2020] KEELC 103 (KLR)", Case Analysis (2020). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/103/eng@2020-12-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.