Kenya Tea Development Agency Ltd v Kabiro Ndaiga & Co. Advocates [2002] KECA 269 (KLR)
The bottom line
#Kenya's Court of Appeal struck out a late-filed appeal record, confirming that missing filing deadlines without court permission ends the appeal.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Record of Appeal filed on 17th June 2002 was filed outside the prescribed period and should be struck out under rule 80 of the Court of Appeal Rules
Key legal issues
#Whether a record of appeal filed after the expiry of the prescribed period, absent enlargement of time, is liable to be struck out under rule 80
Yes. The Certificate of Delay showed the necessary advice of readiness was sent on 4th March 2002, making 3rd May 2002 the last day for filing; the record filed on 17th June 2002 was out of time and was struck out.
The court applied rule 80 of its Rules mechanically on the dates established by the Certificate of Delay. Since no application for enlargement of time had been made or granted, the filing on 17th June 2002 was outside the prescribed period, leaving the court no discretion but to strike out the record, with costs to the respondent.
Legal principles established
#- Where the Certificate of Delay shows that the period for filing the record of appeal has expired and no enlargement of time has been granted, the record of appeal filed out of time must be struck out under rule 80 of the Court of Appeal Rules.
Court orders
#- 1.The Record of Appeal filed on 17th June 2002 is struck out
- 2.Costs of the striking-out application and of the appeal awarded to the respondent, including costs of the application
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya at Nairobi
- H.C. Misc. Application No. 357 of 2001
- Jurisdiction invoked
- Rule 80 of the Court of Appeal Rules (Rules of this Court)
Relief refused
#The appellant's continued prosecution of the appeal by way of the late-filed Record of Appeal
The record was filed out of time with no enlargement of time obtained
Costs
Struck out with costs including costs of the application (costs awarded to the respondent)
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
This is an application under rule 80 of the Rules of this Court to strike out the Record of Appeal filed on 17th June, 2002 as being filed outside the prescribed period.
The last day for filing the record of appeal was 3rd May, 2002. In the absence of any enlargement of time the appeal was filed out of time. It is therefore struck out with costs including costs of the application.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kenya Tea Development Agency Ltd v Kabiro Ndaiga & Co. Advocates [2002] KECA 269 (KLR)", Case Analysis (2002). Civil Appeal (Application) No. 150 of 2002. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2002/269/eng@2002-11-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.