KWACHA GROUP OF COMPANIES v VERSUSPINDORIA HOLDINGS LIMITED
The bottom line
#Unforeseen events like a pandemic can justify an extension to meet court deadlines, but the court will discount any time already elapsed.
What this practically means
#Executive summary
#Key legal issues
#Whether Covid-19 constituted a sufficient change of circumstances to justify review and extension of time to deposit the decretal sum
The court was persuaded that the effects of the pandemic may not have been felt at the time of the original stay application, justifying an extension, but discounted 30 days already elapsed, granting a further 90 days.
The court noted the original stay application was argued during the pandemic but accepted it was possible its effects had not yet been felt when the order was made. Balancing the appellant's indulgence request against delay, it allowed the review subject to discounting the 30 days lapsed since the motion was filed.
Whether the appeal should be admitted to hearing and expedited
The appeal was admitted to hearing before a single judge, with directions that parties place it before a judge for further directions on priority basis.
The court perused the record and found the record of appeal had been filed and the trial court's file forwarded. The respondent was not averse to expeditious disposal, so the court admitted the appeal and directed the parties to seek further directions on a priority basis.
Legal principles established
#- A party seeking review of stay orders on grounds arising after the original order (here, pandemic-related inability to comply) may obtain an extension of time, but the period already lapsed since filing the review application will be discounted.
Court orders
#- 1.Stay of execution of the decree pending appeal on condition that the appellant deposits the decretal sum of ksh.15,547,950/18 in an interest earning account in the joint names of the advocates and or firms of advocates appearing in this appeal within a further period of 90 days from the date of the ruling
- 2.The appeal is admitted to hearing before a single judge
- 3.Parties to cause the appeal to be placed before a judge for further directions on its hearing on priority basis
- 4.Each party to meet its own costs on the application
- On appeal from
- trial court
- Jurisdiction invoked
- Inherent review jurisdiction over the court's own orders of 3rd July 2020 on stay of execution pending appeal
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "KWACHA GROUP OF COMPANIES v VERSUSPINDORIA HOLDINGS LIMITED", Case Analysis (2020). . Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.