Godfrey Oduori Ondero v Redemptor Teddy Were & another [2020] KEELC 1414 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the delay in filing the notice of appeal was excusable
The delay was excusable because COVID-19 restrictions and the suspension of court and transport operations reasonably prevented the applicant, resident in Budalangi, from meeting his advocate in Busia to receive instructions; the respondents also did not object to extension
The court took judicial notice of the outbreak of COVID-19 in March 2020, the Chief Justice's suspension of open court operations from 16/3/2020, and the President's suspension of public transport until June 2020. Against that factual backdrop, the applicant's inability to consult counsel was found reasonable, and the lack of respondents' objection reinforced the exercise of discretion in the applicant's favour.
Whether stay of execution of the taxed costs should issue pending appeal
Stay was granted in the interest of justice, but balanced against the respondents' interests by conditioning it on a 50% deposit of taxed costs into a joint escrow account
The applicant sought stay of execution of costs taxed on 8/7/2020 so as to pursue his appeal. The court held that it was in the interest of justice that stay be given, but took note of the defendants/respondents' interests and directed a conditional deposit of 50% of taxed costs in an escrow account in the joint names of counsel, to be made within 60 days.
Legal principles established
#- The High Court may extend time for giving notice of intention to appeal even after the statutory period has expired
- Delay occasioned by COVID-19 movement restrictions preventing an applicant from meeting counsel is a reasonable explanation warranting extension of time
Court orders
#- 1.Time extended within which to file notice of appeal against the judgment of 15th April 2020, FOURTEEN (14) days from the date of the ruling
- 2.Stay of execution of taxed costs granted, conditional on the applicant depositing 50% of taxed costs in an escrow account opened in the joint names of the advocates on record, within 60 days from the date of the ruling
- 3.Each party to bear their own costs of the application
- Jurisdiction invoked
- Section 7 of the Appellate Jurisdiction Act (Cap 9) and Rules 4, 42 and 75 of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Godfrey Oduori Ondero v Redemptor Teddy Were & another [2020] KEELC 1414 (KLR)", Case Analysis (2020). Case No 32 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/1414/eng@2020-08-20
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.