Sygenta Pollen Limited v Mbogo (Employment and Labour Relations Cause E110 of 2022) [2023] KEELRC 1679 (KLR)
The bottom line
#A Kenyan court refused to let a man appeal 11 months late because he gave vague reasons and no proof he had acted diligently.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant demonstrated good and sufficient cause for the delay in filing the intended appeal
No - the delay of about 11 months was inordinate and a degree of inaction was discernible; essential details were missing from the supporting affidavit and no documentary evidence was availed.
The affidavit failed to state the date the advocate left employment, when the firm discovered it, or the file bring-up system. The file lay dormant until June 2022 and the application was filed a further five months later. Granting leave would also delay the hearing of the main suit to the prejudice of a claimant acting in person.
Whether there was an arguable appeal capable of admission out of time
No appeal was properly before the court for admission since neither the ruling appealed against nor the record of appeal was availed.
Apart from a draft Memorandum of Appeal, the applicant provided no ruling or record of appeal, so the court could not assess arguability. Without these documents there was no appeal to admit out of time under the proviso to Section 79G, as held in Gerald M'Limbine v Joseph Kangangi.
Legal principles established
#- Leave to file an appeal out of time is granted only where the applicant establishes good and sufficient cause under the proviso to Section 79G of the Civil Procedure Act.
- Sufficient cause means the party did not act negligently, inactively or without bona fides.
- Extension of time is an exercise of judicial discretion guided by factors including length of and reason for delay, prejudice, and arguability of the appeal.
Court orders
#- 1.The Notice of Motion dated October 18, 2022 is dismissed with costs
- On appeal from
- Chief Magistrate's Court, Thika
- Thika CMCC No. 105 of 2018
- Jurisdiction invoked
- Section 79G and Section 95 of the Civil Procedure Act; Order 51 Rule 1 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Sygenta Pollen Limited v Mbogo (Employment and Labour Relations Cause E110 of 2022) [2023] KEELRC 1679 (KLR)", Case Analysis (2023). Notice of Motion dated October 18, 2022 (referring to Thika CMCC No. 105 of 2018). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2023/1679/eng@2023-07-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.