Shelter And Cerdit Limited & another v Wanyee & 5 others
The bottom line
#A Nairobi court let two companies appeal late over a one-month delay, but refused to pause the underlying case because they showed no real harm.
What this practically means
#Executive summary
#Key legal issues
#Leave to appeal out of time
Granted; delay of about one month explained by the electioneering period and is not inordinate, and no compelling reasons against extension were shown
Section 79G requires filing within 30 days unless the applicant shows good and sufficient cause. The court weighed the period of delay, its explanation, and prejudice to the respondent. It held the right to appeal is guaranteed by statute and Article 50, and would hesitate to deny it absent compelling reasons, none of which the 6th Respondent provided.
Stay of proceedings pending appeal
Refused; the Applicants failed to demonstrate substantial loss from the 6th Respondent's continued participation in the lower court proceedings
Applying Global Tours & Travels, stay of proceedings is discretionary and granted only in the interest of justice, weighing expeditious disposal, arguability and expedition. The court found no substantial loss would flow from the 6th Respondent's participation and that the impugned joinder can be remedied by striking out if the appeal succeeds.
Legal principles established
#- Delay of approximately one month is not inordinate and does not, without compelling reasons, justify denying a party the statutory right of appeal
- Stay of proceedings is a grave judicial action to be exercised sparingly and only where substantial loss is demonstrated
Court orders
#- 1.Leave granted to the Applicants to appeal out of time against the Ruling of June 24, 2022
- 2.Time to appeal extended by 14 days from the date of the ruling, within which the Applicants shall file and serve their memo of appeal
- 3.Prayer (c) seeking stay of proceedings in MCELC 279 of 2021 dismissed
- 4.Costs of the application awarded to the 6th Respondent
- On appeal from
- null (subordinate court ruling of June 24, 2022 - court not named in judgment)
- MCELC 279 of 2021
- Jurisdiction invoked
- Section 79G of the Civil Procedure Act, section 16A of the Environment and Land Court Act and Order 42 rule 6 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Shelter And Cerdit Limited & another v Wanyee & 5 others", Case Analysis (2023). Environment and Land Miscellaneous Application E173 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/15982/eng@2023-03-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.