Savannah Heights Limited v Seruji Limited & another
The bottom line
#The Court of Appeal refused to fast-track Savannah Heights' application, confirming that arguing your appeal is strong is not the same as showing urgency.
What this practically means
#Executive summary
#Key legal issues
#Effect of a pending application to strike out the notice of appeal
Pendency of a striking-out application does not deprive the single Judge of jurisdiction to hear the certification application
The 1st respondent relied on Owners of the Motor Vessel 'Lillian S' and Charles Kamuren to urge the court to down tools pending determination of its application to strike out the notice of appeal. The Judge held that only a vitiation of the notice of appeal would defeat the application; until then it is properly before the court.
Principles governing certification of urgency
Certification is a discretionary mandate exercised with reason and for the sole purpose of rendering justice; arguability of the appeal is not a ground of urgency
Applying Githiaka v Nduriri, the Judge held that grounds resting on the arguability of the appeal belong to the substantive Rule 5(2)(b) application, not to urgency. The applicant's grounds, both originally and at the inter partes hearing, dwelt on arguability and post-ruling events, which did not demonstrate why the application should be fast-tracked.
Legal principles established
#- Unless and until the notice of appeal on which an application is anchored is vitiated, the application is properly before the court
- Judicial discretion must be exercised with reason, not whim, caprice or sympathy, and solely to render justice to the parties
Court orders
#- 1.The order of 7th October 2021 declining to certify the application as urgent was upheld; the application for certification of urgency was dismissed (no certification granted)
- On appeal from
- High Court of Kenya
- Nairobi HC Misc. Application No. E445 of 2021
- Jurisdiction invoked
- Court of Appeal single Judge jurisdiction under the Court of Appeal Rules (certification of urgency; Rule 5(2)(b) referenced)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Savannah Heights Limited v Seruji Limited & another", Case Analysis (2022). Civil Application E349 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/414/eng@2022-03-04
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.