Cheruiyot v Chebochok & 3 others (Environment & Land Case 36 of 2018) [2024] KEELC 1049 (KLR)
The bottom line
#A Kericho court allowed a late appeal because the litigant was never notified of the ruling date, granting 14 extra days to appeal.
What this practically means
#Executive summary
#Key legal issues
#Whether the Applicant demonstrated sufficient cause for extension of time to file a Notice of Appeal out of time
The court found the Applicant's reasons for delay cogent because the court record contained no notice of the date of delivery of the impugned ruling and the Respondents proved none; no prejudice would be suffered by the Respondents as they could be compensated by costs.
The court applied the Salat principles. Although the ruling date had been indicated as 30th March 2023, the court did not sit (Easter vacation) and later proceeded on annual leave; the ruling was delivered on 15th June 2023. There was no evidence on the record that notice of the actual delivery date was issued, and the Respondents produced no evidence that the Applicant was aware of the date. Absent that notice, the Applicant's explanation was plausible and sufficient. Any prejudice to the Respondents was compensable by costs. The delay of about three months was thus excused and time enlarged.
Legal principles established
#- Extension of time is not a right of a party but an equitable remedy available to a deserving party at the discretion of the court.
- Where notice of the date fixed for delivery of a ruling is not on the court record and the respondent proves none was given, an applicant has given a plausible reason for delay in filing a Notice of Appeal.
Court orders
#- 1.The Applicant's Notice of Motion dated 21st September 2023 is allowed
- 2.The Applicant is granted an extension of 14 days after delivery of the ruling within which to file and serve his Notice of Appeal
- 3.No costs of the application
- Jurisdiction invoked
- Section 7 of the Appellate Jurisdiction Act; Section 95 of the Civil Procedure Act; Order 50 Rule 6 and Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Cheruiyot v Chebochok & 3 others (Environment & Land Case 36 of 2018) [2024] KEELC 1049 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1049/eng@2024-02-29
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.