Paul Kinoti Anampiu v Mwika Kanampiu M’akwalu & another [2021] KEELC 531 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Extension of time to file notice of appeal
Delay of two months was not inordinate and the reasons (absence at delivery of judgment and failure of former lawyers to notify) were reasonable and genuine; leave granted
The court applied the four principles from Stanley Kahoro Mwangi: length of delay, reason, chances of success and prejudice. The delay was only two months; the applicant was absent when judgment was delivered virtually at Garissa and his former lawyers did not notify him; the respondents were yet to take possession of the sold portion, so no prejudice existed.
Stay of execution and temporary injunction
Refused because the judgment of 28.7.2021 was a negative order dismissing the applicant's suit, incapable of execution or stay, and no appeal was on file
The High Court had allowed the appeal and substituted it with an order dismissing the applicant's suit in the lower court — a negative order under Section 2 of the Civil Procedure Act which is not capable of being executed. With no appeal filed, an injunction would be granted in vain; parties remain in the position they were in before coming to court.
Legal principles established
#- The High Court may extend time for giving notice of intention to appeal even after the period has expired
- A negative order is not capable of being executed or stayed because there is nothing to stay
- Principles for extension of time: length of delay, reason for delay, chances of appeal succeeding, and prejudice to the respondent
Court orders
#- 1.Applicant granted leave to file and serve a notice of appeal within 14 days from the date of the ruling
- 2.Prayers 1 and 3 of the notice of motion dated 15.9.2021 rejected
- 3.Costs to the respondent
- Jurisdiction invoked
- rule 5 (2)(b) of the Court of Appeal Rules and Section 3 & 3A of the Appellate Jurisdiction Act; Section 7 of the Appellate Jurisdiction Act Cap 9
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Paul Kinoti Anampiu v Mwika Kanampiu M’akwalu & another [2021] KEELC 531 (KLR)", Case Analysis (2021). Notice of motion dated 15.9.2021 (ELC, Meru). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/531/eng@2021-12-01
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.