Judith Walekhwa v Ronald Olunga & 2 others [2020] KEELC 2106 (KLR)
The bottom line
#A Kenyan court allowed a landowner to appeal late, accepting covid-19 court disruptions as a valid reason for the delay.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay in seeking leave to appeal was properly explained
The delay of a week in instructing counsel was unexplained, but counsel's explanation that the delay in filing was due to scaling down of Court operations during the covid-19 pandemic was accepted as reasonable.
Judgment was delivered in the presence of the Applicant's counsel, so the court assumed the outcome was relayed to her; she did not explain the week's delay in giving instructions. However, counsel explained the filing delay by reference to the covid-19 pandemic scaling down of court operations, which the court accepted as a matter of public knowledge and not unreasonable delay.
Whether extension of time would prejudice the Respondents
No prejudice would result because the Applicant remains in occupation of the suit land and the Respondents are not in occupation.
The court noted the dispute concerns ownership of land which the Applicant occupies, though her occupation did not meet the adverse possession threshold. Since the Respondents are not in occupation, extension of time causes them no prejudice, and it was in the interest of justice to allow the appeal to be pursued, particularly as the application was unopposed.
Legal principles established
#- The power to grant leave to file an appeal out of time is discretionary, guided by the Salat principles: extension of time is an equitable remedy, delay must be explained, and prejudice to the other party considered.
- The reference to the High Court in Section 7 of the Appellate Jurisdiction Act includes the Environment and Land Court following the promulgation of the 2010 Constitution.
Court orders
#- 1.The Notice of Appeal filed herein be deemed as properly filed and served
- 2.The Memorandum of Appeal be filed and served within 30 days from the date of this ruling
- 3.No orders as to costs
- Jurisdiction invoked
- Sections 1A, 3A and 75 of the Civil Procedure Act, Orders 50 rule 6 and Order 51 rule 1 of the Civil Procedure Rules, Section 3A of the Appellate Jurisdiction Act and Article 159(2)(d) of the Constitution
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Judith Walekhwa v Ronald Olunga & 2 others [2020] KEELC 2106 (KLR)", Case Analysis (2020). Not stated in judgment (Notice of Motion dated 23rd April 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2020/2106/eng@2020-06-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.