Imoo & another v Ekabten (Environment & Land Miscellaneous Case E003 of 2023) [2024] KEELC 6574 (KLR)
The bottom line
#The High Court refused to let applicants file an appeal 15 years late because they offered no explanation for the delay.
What this practically means
#Executive summary
#Key legal issues
#Whether to grant leave to appeal out of time where judgment was delivered 15 years earlier
Leave refused because the Applicants advanced no reasons at all for the delay
The court accepted that it has discretion to extend time under the proviso to Section 79G, but that discretion is conditioned on good and sufficient cause. Counsel's affidavit stated only that the Applicants were still interested in the appeal and gave no explanation for failing to appeal since 4th February 2009. The Respondent's deposition that no reasons had been advanced went unanswered. The motion was therefore devoid of merit.
Whether the Respondent's assertions of non-service, forum shopping and res judicata required determination
The court did not make findings on these objections, resting dismissal solely on absence of good and sufficient cause
The Respondent deponed that the application was never served, that the Applicants were forum shopping, and that a similar application in Civil Case No 40 of 2009 and Petition No 2 of 2017 rendered this one res judicata. The court, having considered the rival affidavits and submissions, based its dismissal exclusively on the unexplained inordinate delay and did not rule on those objections.
Legal principles established
#- An appeal out of time under Section 79G of the Civil Procedure Act may only be admitted where the appellant satisfies the court that there was good and sufficient cause for not filing in time
- It is the demonstration of good and sufficient cause that enlivens the court's discretion to extend time; mere interest in prosecuting an appeal does not suffice
Court orders
#- 1.The Notice of Motion dated 11th May 2023 is dismissed
- 2.Costs of the application awarded to the Respondent
- Jurisdiction invoked
- Section 79G of the Civil Procedure Act; Order 43 Rule 2 of the Civil Procedure Rules; Article 152(2) of the Constitution (as invoked by the Applicants)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Imoo & another v Ekabten (Environment & Land Miscellaneous Case E003 of 2023) [2024] KEELC 6574 (KLR)", Case Analysis (2024). Not stated in judgment (referenced proceedings: Civil Case No 40 of 2009; Petition No 2 of 2017). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6574/eng@2024-10-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.