Kaakai Ene Nankoo Mosiany v Kateto Ole Kironki Miisia & 2 others [2021] KEELC 2986 (KLR)
The bottom line
#The Kajiado Environment and Land Court dismissed an application to extend time and stay execution, confirming only the Court of Appeal can extend time to lodge a Notice of Appeal in Kenya.
What this practically means
#Executive summary
#Key legal issues
#Whether the court has jurisdiction to extend time to lodge a Notice of Appeal
It does not; that jurisdiction belongs to the Court of Appeal alone under Rules 4 and 75 of the Court of Appeal Rules
The court examined Rules 4 and 75 of the Court of Appeal Rules under the Appellate Jurisdiction Act and held that extension of time to lodge a Notice of Appeal is a matter within the exclusive competence of the Court of Appeal. The ELC decisions relied on by the 1st Respondent were regarded as persuasive only, not binding. The prayer for extension of time was therefore declined for want of jurisdiction.
Whether a stay of execution of the judgment of 29th April 2020 should be granted pending the intended appeal
No; the 1st Respondent failed to demonstrate substantial loss or lack of prejudice, and no Notice of Appeal had been lodged
Under Order 42 Rule 6(2), an applicant must show substantial loss, that the application was made without unreasonable delay, and provide security. Rule 5(b) of the Court of Appeal Rules requires a lodged Notice of Appeal before stay can be ordered. The 1st Respondent's affidavit did not indicate the loss he would suffer, and the Applicant is the registered owner as administrator and beneficiary of the deceased owner. The threshold was not met and the stay was refused.
Legal principles established
#- The jurisdiction to extend time for lodging a Notice of Appeal out of time under Rules 4 and 75 of the Court of Appeal Rules vests exclusively in the Court of Appeal, not the High Court or Environment and Land Court
- An applicant for stay of execution must satisfy the conditions in Order 42 Rule 6(2): substantial loss, application without unreasonable delay, and security
Court orders
#- 1.The 1st Respondent's Notice of Motion application dated 25th June, 2020 is dismissed
- 2.Costs of the application awarded to the Applicant (now Respondent)
- Jurisdiction invoked
- Sections 1A, 1B, 3A and 95 of the Civil Procedure Act, Order 50 Rule 1 and Order 42 Rule 6(2) of the Civil Procedure Rules, and Sections 4, 5(b) and 75 of the Appellate Jurisdiction Act (Court of Appeal Rules)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kaakai Ene Nankoo Mosiany v Kateto Ole Kironki Miisia & 2 others [2021] KEELC 2986 (KLR)", Case Analysis (2021). Not stated in judgment (application dated 25th June, 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/2986/eng@2021-05-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.