Murithi v Nkoroi (Environment and Land Appeal E022 of 2023) [2024] KEELC 6939 (KLR)
The bottom line
#A Kenyan court gave a landowner a second chance to appeal after his lawyer failed to tell him about a judgment, but made him pay the legal costs anyway.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay of about 7 days in filing the notice of appeal was excusable
The delay was excusable and satisfactorily explained, being occasioned by the applicant's former advocate failing to inform him of the judgment outcome until 11th April, 2024
The court applied the Salat criteria and the principle that excusable delays are unforeseeable and beyond the party's control. The applicant learned of the judgment only on 11th April 2024 through his former advocate's failure, and moved the court promptly thereafter, filing the application on 16th April 2024. The court nonetheless cautioned the applicant against shifting blame to counsel.
Whether the court has power to extend time for giving notice of appeal after expiry
Section 7 of the Appellate Jurisdiction Act confers power on the court to extend time even where the time for giving such notice has expired
The court found the statutory jurisdiction in Section 7 of the Appellate Jurisdiction Act, which permits extension of time for giving notice of intention to appeal notwithstanding expiry. The discretion is judicial and must be confined to the rule of reason and justice, exercised on a case-by-case basis balancing the parties' competing interests.
Legal principles established
#- Extension of time is an equitable remedy available only to a deserving party, and the applicant bears the burden of explaining the delay to the satisfaction of the court
- A party cannot simply blame former advocates for failure to file a notice of appeal in time; a case belongs to the party, not counsel
- The right of appeal must be balanced against the successful plaintiff's right to enjoy the fruits of judgment
Court orders
#- 1.The applicant's application dated 16th April, 2024 is allowed
- 2.The intended notice of appeal be filed and served within 14 days from the date of the ruling
- On appeal from
- Court of Appeal
- judgment delivered 20th March 2024 reinstating the judgment dated 14th February, 2019 in Nkubu SPMC ELC No. 76 of 2010
- Jurisdiction invoked
- Section 7 of the Appellate Jurisdiction Act (Cap 9) Laws of Kenya
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Murithi v Nkoroi (Environment and Land Appeal E022 of 2023) [2024] KEELC 6939 (KLR)", Case Analysis (2024). Notice of motion dated 16th April, 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/6939/eng@2024-10-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.