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ELCAllowedNot stated in the judgment· [2024] KEELC 6488 (KLR)

Ndiritu v Rukwaro (Sued as the guardian ad litem and next of kin of Ann Wanjiku Rukwaro) (Environment and Land Miscellaneous Application E005 of 2024) [2024] KEELC 6488 (KLR)

Environment and Land Court
3 October 2024
KBK. BOR
352 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court allowed an elderly, hospitalised litigant extra time to appeal a land case, proving illness can justify missed appeal deadlines.

What this practically means

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Executive summary

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The Applicant, who was the Plaintiff in Nyahururu CM ELC No. 315 of 2018, applied by notice of motion dated 26/06/2024 for leave to file her appeal out of time. Judgment in the subordinate court was delivered on 13/02/2024 and a copy was supplied to her on 25/03/2024. In her supporting affidavit she deponed that she fell seriously ill and was hospitalised after the judgment due to shock and disbelief, annexing a medical report dated 25/06/2024, and that it took the intervention of her children for her to understand the outcome and the need to appeal. She further urged that she is elderly and sickly and that the appeal had high chances of success. The court directed service on the Respondent, which was proved by an affidavit of service; the Respondent filed no response and did not appear. The court framed a single issue: whether the Applicant had made a case for leave to appeal out of time. Accepting the hospitalisation and ill-health as the main reason for the delay, the court exercised its discretion in the Applicant's favour. On 3 October 2024, K. Bor J granted leave to lodge the appeal within 14 days. No costs order was recorded.

Key legal issues

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01

Whether to grant leave to file an appeal out of time

Holding

Leave granted on the ground that the Applicant was hospitalised after judgment due to shock and disbelief, and is elderly and sickly

Reasoning

The Applicant explained the delay by showing she fell seriously ill and was hospitalised after the judgment of 13/02/2024, supported by a medical report; she obtained the judgment copy on 25/03/2024. The application was served but the Respondent filed no response. The court found this sufficient reason to exercise its discretion in her favour.

p. 1

Legal principles established

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  • Illness and hospitalisation following delivery of a judgment, particularly of an elderly and sickly litigant, can constitute sufficient cause for extension of time to appeal

Court orders

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  1. 1.Leave granted to the Applicant to lodge her appeal against the decision in Nyahururu CM ELC No. 315 of 2018 within the next 14 days
On appeal from
Chief Magistrate's Court, Nyahururu
Nyahururu CM ELC No. 315 of 2018
Jurisdiction invoked
Inherent discretion to extend time for filing an appeal (leave to appeal out of time); no specific provision cited in the judgment

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, "Ndiritu v Rukwaro (Sued as the guardian ad litem and next of kin of Ann Wanjiku Rukwaro) (Environment and Land Miscellaneous Application E005 of 2024) [2024] KEELC 6488 (KLR)", Case Analysis (2024). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6488/eng@2024-10-03

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