Kilifi Colours & Dreams Limited v Soso Investments Limited & another
The bottom line
#A Kenyan land court refused to let a company appeal two years late because it hid an earlier appeal notice and gave no good reason for the delay.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction of the ELC to extend time for filing a notice of appeal to the Court of Appeal
The ELC, as a court of equal status to the High Court, has power under section 7 of the Appellate Jurisdiction Act to extend time for giving notice of intention to appeal; jurisdiction is concurrent with the Court of Appeal
Section 7 of the Appellate Jurisdiction Act explicitly empowers the High Court to extend time for giving notice of intention to appeal from a High Court judgment. Following Munyao J in Loise Chemutai Ngurule, the provision should be read literally, with 'High Court' including the Environment and Land Court under the Constitution of Kenya, 2010. Rule 4 of the Court of Appeal Rules is not exclusive, and Githinji JA in Kenya Airports Authority v Mutungi confirmed the application is properly made in the High Court.
Whether the applicant deserved extension of time on the facts
No - the delay of one year and ten months was unexplained, the applicant concealed the notice of appeal it filed in February 2021 and took no further steps, and it did not come to court with clean hands
The applicant attributed the delay to the handover from its erstwhile advocate, who was appointed County Attorney, but that appointment occurred on October 26, 2022, long after the judgment of February 19, 2021. The applicant had filed a notice of appeal on February 23, 2021 but did not disclose it and took no further steps. Equity requires clean hands; the application was therefore devoid of merit and was dismissed with costs.
Legal principles established
#- The power to extend time for filing a notice of appeal is vested in both the High Court (and courts of equal status, including the ELC) and the Court of Appeal; one may approach either court
- In deciding whether to extend time for appealing, the court considers the length of the delay, the reason for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondent
Court orders
#- 1.The notice of motion dated December 1, 2022 seeking leave to appeal out of time is dismissed
- 2.Costs of the application awarded to the plaintiff
- Jurisdiction invoked
- Section 7 of the Appellate Jurisdiction Act (cap 9); Order 9 rule 9 and Order 51 of the Civil Procedure Rules; section 3 of the Civil Procedure Act
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kilifi Colours & Dreams Limited v Soso Investments Limited & another", Case Analysis (2023). Environment & Land Case E129 of 2015. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/17204/eng@2023-04-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.