Elizabeth Gatwiri Mbaya & 2 others v Jane Syombua Kyalo & 5 others [2021] KEELC 3359 (KLR)
The bottom line
#Kenya's Environment and Land Court extended appeal time because the court registry failed to notify parties of a Covid-era electronic judgment.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay in filing the Notice of Appeal was satisfactorily explained
The delay was satisfactorily explained because the judgment was delivered in the absence of the parties due to Covid-19 and the court registry failed to dispatch the judgment electronically as directed.
The court noted that the record contained no evidence that the registry communicated the judgment to the Plaintiffs' advocate. The judgment had been delivered in chambers in the absence of the parties owing to the pandemic, with a direction for electronic dispatch. Since non-attendance was not the Plaintiffs' fault and the registry did not notify them, the court found a satisfactory explanation for not filing the Notice of Appeal within the fourteen days.
Whether the discretion to extend time under Section 7 of the Appellate Jurisdiction Act should be exercised in favour of the Plaintiffs
The discretion was exercised in the Plaintiffs' favour and time was extended by fourteen days.
Applying the Salat principles on extension of time, the court found that the Plaintiffs were not responsible for the failure to attend the delivery of judgment, that the registry had not notified them, and that the judgment carried far-reaching effects on their proprietary interests over the suit property, including the risk of eviction proceedings. No prejudice to the Respondents was demonstrated, so the application dated 14th August, 2020 was allowed.
Legal principles established
#- Where a judgment is delivered in the absence of the parties during the Covid-19 pandemic and the court directs electronic dispatch, it is the duty of the court registry to inform the parties of the delivery of the judgment; a party not so informed gives a satisfactory explanation for delay in filing a Notice of Appeal.
Court orders
#- 1.The time for lodging and serving the Notice of Appeal by the Plaintiffs against the Judgment of the court delivered on 24th April, 2020 be and is hereby extended for fourteen (14) days
- 2.Each party to bear his own costs
- Jurisdiction invoked
- Section 7 of the Appellate Jurisdiction Act, Cap 9, Laws of Kenya; Sections 1A, 1B & 3A of the Civil Procedure Act and Order 51 Rule 1 of the Civil Procedure Rules 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Elizabeth Gatwiri Mbaya & 2 others v Jane Syombua Kyalo & 5 others [2021] KEELC 3359 (KLR)", Case Analysis (2021). Not stated in the judgment extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2021/3359/eng@2021-05-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.