[2023] KEHC 26115 (KLR)
The court held that although the Small Claims Court Act does not expressly provide a timeline for filing appeals to the High Court, Section 79G of the Civil Procedure Act, which prescribes a 30-day period for appeals from subordinate courts, applies. The Small Claims Court is a subordinate court to the High Court,...
Source-derived case information.
- Citation
- [2023] KEHC 26115 (KLR)
- Parties
- Appellant: Amref Health Africa; Respondent: Evans Onyango Obadha
- Court
- High Court
- Court Station
- High Court at Kisumu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 158 of 2023
- Procedural Posture
- Civil Appeal / Ruling on Preliminary Objection Regarding Time Barred Appeal
- Outcome
- Appeal summarily rejected and struck out for being filed out of time.
- Judges
- RE Aburili
- Legal Topics
- Appeal Timelines, Jurisdiction of High Court, Small Claims Court Appeals
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Amref Health Africa
Appellant
Evans Onyango Obadha
Respondent
Procedural Posture
Civil Appeal / Ruling on Preliminary Objection Regarding Time Barred Appeal
Legal Issues
- 1 Whether the High Court has jurisdiction to hear an appeal from the Small Claims Court filed outside the 30-day period.
- 2 Whether Section 79G of the Civil Procedure Act applies to appeals from the Small Claims Court in the absence of express timelines in the Small Claims Court Act.
Ratio Decidendi
The court held that although the Small Claims Court Act does not expressly provide a timeline for filing appeals to the High Court, Section 79G of the Civil Procedure Act, which prescribes a 30-day period for appeals from subordinate courts, applies. The Small Claims Court is a subordinate court to the High Court, and the legislative intent was not to allow indefinite timelines for appeals. The appellant filed the appeal more than two months after the judgment without seeking leave or providing reasons for the delay. The court found that three months is not a reasonable time for filing such an appeal and, therefore, it lacked jurisdiction to entertain the appeal. Consequently, the appeal...
Court Disposition
Appeal summarily rejected and struck out for being filed out of time.
Orders
- The appeal is struck out for being filed out of time.
- No orders as to costs.
Full Case Text
Judgment text and source record
26 paragraphs
Amref Health Africa v Obadha (Civil Appeal 158 of 2023) [2023] KEHC 26115 (KLR) (24 November 2023) (Ruling)
Neutral citation: [2023] KEHC 26115 (KLR)
Republic of Kenya
In the High Court at Kisumu
Civil Appeal 158 of 2023
RE Aburili, J
November 24, 2023
Between
Amref Health Africa
Appellant
and
Evans Onyango Obadha
Respondent
(Arising from the Judgment and decree of Hon. G. C. Serem RM in Kisumu SCC No. 95 of 2023 rendered on 26th July 2023)
Ruling
1. This appeal was filed on 2nd October 2023. The impugned judgment of the Small Claims Court Adjudicator was rendered on 26th July 2023.
2. Section 38 (1) of the Small Claims Court Act provides that:1. A person aggrieved by the decision or order of the court may appeal against the decision or order to the High Court on matters of law.2. An appeal from any decision or order referred to in Sub-section (1) shall be final.
3. It is true that the Act and Rules made thereunder do not stipulate the timeframe within which an appeal ought to be filed to the High Court.
4. However, in such circumstances, nothing bars the party from invoking the provisions of Section 79 G of the Civil Procedure Act on the time for filing appeals from subordinate courts which is 30 days or even seeking leave of this court to enlarge time for filing of the appeal out of time, with reasons for the delay.
5. The Small Claims Court being a subordinate court to the High Court, and considering the stringent timelines given under the Act, this court finds that the legislature did not intend to give parties blank cheques and open ended time to decide when to file an appeal from decisions of the Small Claims Court.
6. If anything, it is expected that the aggrieved party files an appeal within reasonable time. Three months is not reasonable time for filing an appeal from the Small Claims Court.
7. This court is not satisfied that it has jurisdiction to hear and determine an appeal filed outside the 30 days period. See Greyhound Company Limited vs Globetrotter Limited [2022] eKLR.
8. Accordingly, I summarily reject this appeal and strike it out for being filed out of time. I make no orders as to costs.
9. The appellant’s counsel to be notified.
10. This file is closed. I so order.
DATED, SIGNED AND DELIVERED AT KISUMU THIS 24TH DAY OF NOVEMBER, 2023R. E. ABURILIJUDGE