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ELRCPartially AllowedNakuru CMCC No. 711 of 2017 (Application dated 20th April, 2021)· [2021] KEELRC 1225 (KLR)

Transafric Timber Ltd v Ledicia Moraa Mokaya [2021] KEELRC 1225 (KLR)

High Court of Kenya
22 July 2021
HWHellen Wasilwa
1,306 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The High Court gave A.P.A. Insurance more time to appeal, but only if it deposited the full judgment amount in court within 14 days.

What this practically means

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Executive summary

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This ruling by the High Court at Nakuru (Hellen Wasilwa, J) determined an application dated 20th April 2021 by A.P.A. Insurance Company Limited, the judgment debtor in Nakuru CMCC No. 711 of 2017, in which a decree was entered against it on 19th March 2021 in favour of the respondent, Ledicia Moraa Mokaya, over an industrial accident claim. The applicant, under Order 42 Rule 6(1), Order 22 Rules 22 and 25, Order 51 Rule 1, Order 50 Rule 6 of the Civil Procedure Rules and Sections 3A, 79G and 95 of the Civil Procedure Act, sought a temporary and substantive stay of execution, leave to appeal out of time, and costs. The applicant explained the one-day delay in lodging the appeal as arising from the legal officer handling the matter being away from the office for three weeks, offered a bank guarantee or deposit of the decretal sum as security, and argued that the trial magistrate lacked jurisdiction over a Work Injury and Benefits Act matter. The respondent opposed the application as an abuse of process, citing authority that discretion to enlarge time is not exercised to assist parties who delay the course of justice, and alternatively sought deposit of the decretal sum in an interest-earning joint account. The court disposed of the matter on the papers and allowed the application: the applicant was granted leave to file the appeal out of time within 14 days, and stay of execution was granted on condition that the entire decretal sum be deposited in court within 14 days, in default of which execution may proceed.

Key legal issues

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01

Extension of time to lodge an appeal under section 79G of the Civil Procedure Act

Holding

Leave granted; the one-day delay was explained and not inordinate

Reasoning

The court found that the application was filed without delay after the lapse of time and that the explanation offered - the legal officer's absence from the office for three weeks, causing the appeal to be lodged a day late - was plausible. The applicant was therefore allowed to file the appeal out of time within 14 days.

p. 3
02

Stay of execution pending appeal

Holding

Stay granted subject to deposit of the entire decretal sum in court within 14 days, failing which execution may proceed

Reasoning

The applicant had demonstrated willingness to furnish security, having offered a bank guarantee or deposit of the decretal sum. The court balanced the applicant's right of appeal against the respondent's entitlement to the fruits of her judgment by conditioning stay on a deposit of the full decretal sum within 14 days, with execution to proceed in default.

p. 3

Legal principles established

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  • An application for extension of time filed promptly with a plausible explanation for the short delay warrants enlargement of time
  • Stay of execution may be granted conditional upon deposit of the decretal sum as security

Court orders

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  1. 1.Leave granted to the applicant to file the appeal out of time within 14 days
  2. 2.Stay of execution granted on condition that the applicant deposits the entire decretal sum in court within 14 days
  3. 3.In default of the deposit, execution may proceed

Authorities

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Legislation

  • Civil Procedure Rules, 2010Order 42 Rule 6(1)
  • Civil Procedure Rules, 2010Order 22 Rule 22 and 25
  • Civil Procedure Rules, 2010Order 51 Rule 1
  • Civil Procedure Rules, 2010Order 50 Rule 6
  • Civil Procedure ActSection 3A
  • Civil Procedure ActSection 79G
  • Civil Procedure ActSection 95
  • Work Injury and Benefits Actnull

Cases cited (4)

  • Victory Construction –v- BM (Aminor suing through next friend one PMM)
    [2019] eKLR
  • Kenya Hotels and Allied Workers Union –v- Mada Holidays Limited
    [2021] eKLR
  • Shah –v- Mbogo
  • Dilpack Kenya Limited –v- William Muthama Kitonyi
    [2018] eKLR
On appeal from
Chief Magistrates Court, Nakuru
Nakuru CMCC No. 711 of 2017
Jurisdiction invoked
Sections 3A, 79G & 95 of the Civil Procedure Act; Order 42 Rule 6(1), Order 22 Rule 22 and 25, Order 51 Rule 1, Order 50 Rule 6 of the Civil Procedure Rules, 2010

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, "Transafric Timber Ltd v Ledicia Moraa Mokaya [2021] KEELRC 1225 (KLR)", Case Analysis (2021). Nakuru CMCC No. 711 of 2017 (Application dated 20th April, 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2021/1225/eng@2021-07-22

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