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Case Brief · caselaw.co.ke
Court of AppealAllowedNot stated in the judgment

YOON SIKO vs SEBASTIAN KATHILU [1998] KECA 72 (KLR)

Court of Appeal of Kenya
20 March 1998
144 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~1 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal confirmed that the Christmas vacation period doesn't count when calculating appeal deadlines, so the applicant wasn't actually late.

What this practically means

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Executive summary

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This is a short ruling of the Court of Appeal at Nairobi, delivered by G. S. Pall, JA, on 20 March 1998, on an application for extension of time to file an appeal. The applicant had filed a notice of appeal on 29 September 1997, obtained the proceedings on 24 November 1997, and filed the present application on 23 January 1998, apparently believing he was out of time. The court held that this belief was mistaken: when the Christmas vacation period is excluded from the reckoning of time, the applicant was in fact well within time to lodge the appeal without needing the application at all. The court found no inordinate delay on the applicant's part, observing that his counsel had merely been extra cautious. On that basis the court granted the application and ordered that the applicant file the appeal within 21 days. Costs of the application were ordered to follow the final result of the appeal. The ruling contains no citation of authorities or statutory provisions, no separate opinions, and does not disclose the underlying case number or the decision appealed from. Its practical significance lies in the confirmation that the Christmas vacation period is excluded when computing time for lodging an appeal, and in the court's willingness to grant an extension where the delay is minimal and attributable to caution rather than dilatoriness.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the applicant was out of time in filing the application, taking into account the exclusion of the Christmas vacation period from the reckoning of time
  2. 2.Whether there was inordinate delay by the applicant
  3. 3.Whether extension of time to file the appeal should be granted

Key legal issues

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01

Whether the applicant's application for extension of time was necessary and whether there was inordinate delay

Holding

The applicant was not out of time because the Christmas vacation period is excluded from the computation of time, and no inordinate delay was found; the application was granted with the appeal to be filed within 21 days.

Reasoning

The court computed the relevant time for lodging the appeal, noting that the Christmas vacation period must be excluded from the reckoning of time. On that computation, the applicant, who filed the notice of appeal on 29.9.97, obtained proceedings on 24.11.1997 and filed the application on 23.1.1998, was in fact within time. The filing of the application reflected counsel's caution rather than delay. The court therefore found no inordinate delay and granted the extension as a precaution.

p. 2

Legal principles established

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  • The Christmas vacation period is excluded from the reckoning of time for lodging an appeal, so a party who files within the effective period is not out of time.

Court orders

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  1. 1.The application is granted
  2. 2.The applicant shall file the appeal within 21 days
  3. 3.Costs of the application to follow the final result of the appeal

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

Jurisdiction invoked
Inherent/appellate jurisdiction of the Court of Appeal to extend time for lodging an appeal (provision not stated in the judgment)

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

He was well within time to lodge the appeal without this application considering that xmas vacation period is to be excluded from the reckoning of time.
p. 2Computation of time - exclusion of Christmas vacation
I do not find any inordinate delay on the part of the applicant except that on the other hand his counsel was extra cautious.
p. 2Inordinate delay
I grant the application and order that the applicant shall file the appeal within 21 days.
p. 2Final orders - extension granted
Costs of the application to follow the final result of the appeal.
p. 2Costs order

Issues in the judgment

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minor

The judgment does not state the case number, the parties' names, or the decision/appeal from which the extension of time was sought; the record appears to be an extract of the ruling only.

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, "YOON SIKO vs SEBASTIAN KATHILU [1998] KECA 72 (KLR)", Case Analysis (1998). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/1998/72/eng@1998-03-20

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