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Court of AppealAllowedNot stated in the judgment· [2002] KECA 104 (KLR)

Amos Ndung'u v Vincent Niva Nyongesa

Court of Appeal of Kenya
28 November 2002
Philip Kiptoo TunoiP. K. Tunoi
213 words in judgment
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The bottom line

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Kenya's Court of Appeal granted extra time to appeal because the delay was short and honestly explained, showing courts will help litigants who act promptly.

What this practically means

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Executive summary

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This is a single-judge ruling of the Court of Appeal at Kisumu, delivered by Tunoi, JA on 28th November 2002, on an application under rule 4 of the Court of Appeal Rules seeking leave to extend time for filing the Notice of Appeal and the Record of Appeal. The judgment intended to be appealed had been delivered by the High Court on 22nd February 2002, some two years after the trial concluded. The applicant explained that he could not be traced immediately to give instructions because he had relocated to a distant rural market centre, and the application was mounted on 22nd April 2002. The judge found the delay not inordinate and satisfactorily explained, and exercised his discretion in the applicant's favour. Leave was granted to lodge the appeal out of time, with the notice of appeal to be filed within 7 days and the record of appeal to be lodged 21 days after service of the notice on the respondent. The costs of the application were made costs in the intended appeal in any event. No authorities were cited and no separate opinions were written; the ruling is short and discretionary, turning on the explanation for the delay rather than on any novel point of law.

Key legal issues

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Extension of time for filing Notice of Appeal and Record of Appeal

Holding

The single judge's discretion under rule 4 was exercised in favour of the applicant because the delay was short, not inordinate, and adequately explained by the applicant's relocation to a distant rural market centre.

Reasoning

The judgment under appeal was delivered on 22nd February 2002, roughly two years after trial concluded. The applicant could not be traced immediately to give instructions as he had relocated to a distant rural market centre. The application was mounted on 22nd April 2002. The judge found the delay not inordinate and satisfactorily explained, and granted leave with directions on filing timelines.

p. 2

Legal principles established

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  • Where the delay in setting in motion appeal procedures is not inordinate and is satisfactorily explained, the Court will exercise its discretion under rule 4 in favour of the applicant and grant extension of time.

Court orders

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  1. 1.Leave granted to the applicant to lodge his appeal out of time
  2. 2.The notice of appeal to be filed within 7 days of the ruling
  3. 3.The record of appeal to be lodged 21 days after service of the Notice upon the respondent
  4. 4.Costs of the application to be in the intended appeal in any event
On appeal from
High Court of Kenya
Not stated in the judgment
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules (extension of time)

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, "Amos Ndung'u v Vincent Niva Nyongesa", Case Analysis (2002). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2002/104/eng@2002-11-28

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