Premji v Patel & another (Civil Appeal (Application) E328 of 2022) [2023] KECA 923 (KLR)
The bottom line
#Kenya's Court of Appeal excused a two-day late appeal filing, confirming short delays with honest explanations won't kill your 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 applicants should be granted extension of time to file a Notice of Appeal where the Notice of Appeal was filed 2 days outside the 14-day period
- 2.Whether the Notice of Appeal dated 28th April, 2022 but filed on 6th May, 2022 should be deemed duly filed
Key legal issues
#Whether a two-day delay in filing a Notice of Appeal constitutes inordinate delay warranting refusal of extension of time under Rule 4
The delay of two days, attributable to a miscalculation of working days because of numerous public holidays in April and May 2022, was an excusable mistake and not inordinate; the extension was granted.
The court applied the Salat principles governing extension of time: the delay must be explained to the satisfaction of the court and prejudice to the respondent weighed. The applicants explained the two-day delay as a miscalculation of working days given the Easter holiday, the State funeral for the late Hon. Mwai Kibaki and Labour Day. The court found this an excusable mistake, noting the applicants believed their Notice had been lodged within time, and held that a two-day delay cannot be inordinate. The motion was allowed with no order as to costs.
Legal principles established
#- A short delay of two days in filing a Notice of Appeal, where satisfactorily explained, is not inordinate and may be excused under Rule 4 of the Court of Appeal Rules.
Court orders
#- 1.Extension of time for filing of the Notice of Appeal granted
- 2.The Notice of Appeal dated 28th April, 2022 but filed on 6th May, 2022 deemed as duly filed
- 3.No order as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- High Court of Kenya
- Not stated in the judgment
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules
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.
I find the mistake to be excusable and since the delay of 2 days cannot be said to be inordinate, I allow the motion of 7th June, 2022. I make no order as to costs.
Extension of time is not a right of a party. It is an equitable remedy that is only available to a deserving party at the discretion of the court
Some of the considerations to be borne in mind while dealing with an application for extension of time include the length of the delay involved, the reason(s) for the delay, the possible prejudice, if any, that each party stands to sufier
Issues in the judgment
#The title of the case, the case number, and the names of the parties are not stated in the judgment text; only the description '(An Application under Rule 4 of the Court of Appeal Rules)' appears.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Premji v Patel & another (Civil Appeal (Application) E328 of 2022) [2023] KECA 923 (KLR)", Case Analysis (2023). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2023/923/eng@2023-07-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.