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ELCDismissed· [2024] KEELC 5023 (KLR)

Mutuma v National Bank Of Kenya & 3 others (Environment & Land Miscellaneous Case E001 of 2024) [2024] KEELC 5023 (KLR)

Environment and Land Court
26 June 2024
CNC K Nzili
369 words in judgment
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The bottom line

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A Meru court refused to extend time to appeal because the applicant blamed others instead of showing his own efforts to follow up his case.

What this practically means

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Executive summary

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The applicant, Phineus Mutuma, moved the court by an application dated 30.1.2024 seeking extension of time to file an appeal under section 79G of the Civil Procedure Act. Judgment in the subordinate matter had been delivered on 27.10.2023 in the absence of the parties. The applicant explained the delay by swearing that he only became aware of the delivery date on 30.1.2024, and blamed the change of the initial judgment date on the trial magistrate's transfer to Meru, fearing loss of his land. A draft memorandum of appeal was annexed. The respondent, Chrispin Mathiya, opposed the application through a replying affidavit, describing the three-month delay as inordinate for want of follow-up and explanation, and arguing that the draft memorandum raised no tangible grounds of appeal. Counsel relied on Nicholas Arap Salat v IEBC (2013) eKLR on the discretionary nature of extension of time. The court held that extension of time is a discretion exercised on a case-by-case basis where delay is explained to the court's satisfaction and in the interest of justice. It found the applicant's explanation unsatisfactory: apart from blaming the court and the magistrate's transfer, he did not state what he personally did to follow up with the registry between 27.10.2023 and 1.2.2024; a single follow-up letter would have sufficed. The application was dismissed with costs and the file closed. Judgment delivered virtually/at open court at Meru on 26 June 2024 by Hon. C K Nzili, Judge.

Key legal issues

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01

Sufficiency of explanation for a three-month delay in filing an appeal

Holding

The delay of three months was inordinate and unexplained; blaming the court or the magistrate's transfer without evidence of personal follow-up does not satisfy section 79G.

Reasoning

The court accepted that an extension of time is discretionary and requires sufficient reason explained to the satisfaction of the court. Apart from alleging the magistrate's transfer to Meru and blaming the court, the applicant deponed nothing about his own efforts to follow up the registry between the judgment date of 27.10.2023 and the application of 1.2.2024. Even a single follow-up letter would have sufficed.

p. 1

Legal principles established

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  • Extension of time to file an appeal is a discretionary power; the applicant must show sufficient reason for the delay.
  • A party must demonstrate personal diligence and cannot merely blame other parties or the court for delay.

Court orders

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  1. 1.The application dated 30.1.2024 is dismissed with costs
  2. 2.File closed

Authorities

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Legislation

  • Civil Procedure ActSection 79G

Cases cited (1)

  • Nicholas Arap Salat v IEBC and 6 others
    (2013) eKLR
Jurisdiction invoked
Section 79G of the Civil Procedure Act (extension of time to file an appeal)

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Mutuma v National Bank Of Kenya & 3 others (Environment & Land Miscellaneous Case E001 of 2024) [2024] KEELC 5023 (KLR)", Case Analysis (2024). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/5023/eng@2024-06-26

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.