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Court of AppealDismissedNot stated in judgment· [2002] KECA 246 (KLR)
Richard Ng'ang'a Chege v Naomi Lina Were [2002] KECA 246 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#Kenya's Court of Appeal refused to extend appeal time where a seven-month delay came with no credible explanation.
What this practically means
#Executive summary
#This is a single-judge ruling of the Court of Appeal at Kisumu delivered by Keiwua, JA, on an application under rule 4 of the Court's Rules for extension of time to file both the notice of appeal and the record of appeal. The judgment sought to be appealed was delivered on 7 November 2000. The applicant's supporting affidavit, sworn by the present advocate, blamed the applicant's previous advocate for the delay and asserted that the delay was not inordinate. The respondent opposed the application, showing that the previous advocate had been served with notice of taxation on 2 February 2001 - an event possible only after judgment had been entered - and that the insurers were informed only on 7 May 2001. The court held that the present counsel was not in a position to positively swear as to what caused the delay, that a delay of seven months was inordinate by any standard, and that the absence of any explanation made it worse. The court declined to exercise its discretion and dismissed the application with costs. No authorities were cited and no separate opinions were written. The binding takeaway for lower courts and practitioners is that an inordinate delay of some seven months, unaccompanied by a credible explanation from a person able to swear to its cause, will not attract the Court's discretion under rule 4.
Key legal issues
#01
Extension of time where delay is inordinate and unexplained
Holding
The application was dismissed; the discretion to extend time was not exercised because the delay was inordinate and unexplained
Reasoning
Judgment was delivered on 7 November 2000 but the applicant's insurers were only informed on 7 May 2001, and the previous advocate had been served with notice of taxation on 2 February 2001, indicating judgment had been entered. The present advocate could not positively swear to the cause of the delay. A seven-month delay with no explanation could not justify extension of time.
p. 1
Legal principles established
#- A delay of seven months in filing a notice and record of appeal is inordinate, and where no explanation for the delay is offered the Court will decline to exercise its discretion to extend time
Court orders
#- 1.Application for extension of time dismissed with costs
- On appeal from
- Not stated in judgment
- Not stated in judgment
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (extension of time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Richard Ng'ang'a Chege v Naomi Lina Were [2002] KECA 246 (KLR)", Case Analysis (2002). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2002/246/eng@2002-03-14
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.