[2024] KEHC 11206 (KLR)

[2024] KEHC 11206 (KLR)

The High Court held that the subordinate court lacked jurisdiction to grant leave to file an appeal out of time to the High Court under Section 79G of the Civil Procedure Act. The power to admit an appeal out of time is vested solely in the High Court. Any order by the subordinate court purporting to grant such leave is a nullity and cannot confer jurisdiction. The appeal was filed out of time without leave of the High Court, and the certificate of delay could not cure the defect because the application for proceedings was made after the statutory period had already lapsed. The appellant failed to provide any explanation or seek leave from the High Court to file the appeal out of time....

Citation
[2024] KEHC 11206 (KLR)
Parties
Appellant: BPS; Respondent: PJS
Court
High Court
Court Station
High Court at Nairobi (Milimani Law Courts)
Jurisdiction
Kenya
Judgment Date
26 September 2024
Case Number
Appeal 12 of 2023
Procedural Posture
Family Appeal / Ruling on Application to Strike Out Appeal as Filed Out of Time
Outcome
Appeal struck out as incompetent for being filed out of time without leave of the court.
Judges
BM Musyoki
Legal Topics
Appeals From Subordinate Courts, Extension of Time, Jurisdiction of Courts, Statutory Timelines
Source Language
English
Civil Procedure Family and Children Appeals From Subordinate Courts Extension of Time Jurisdiction of Courts Statutory Timelines

Case Brief

Summary, issues, holding and outcome

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Parties

BPS

Appellant

PJS

Respondent

Procedural Posture

Family Appeal / Ruling on Application to Strike Out Appeal as Filed Out of Time

Legal Issues

  1. 1 Whether the subordinate court had jurisdiction to grant leave to file an appeal out of time to the High Court.
  2. 2 Whether the appeal filed out of time without leave of the High Court is competent.
  3. 3 Whether the certificate of delay could cure the defect of filing the appeal out of time.

Ratio Decidendi

The High Court held that the subordinate court lacked jurisdiction to grant leave to file an appeal out of time to the High Court under Section 79G of the Civil Procedure Act. The power to admit an appeal out of time is vested solely in the High Court. Any order by the subordinate court purporting to grant such leave is a nullity and cannot confer jurisdiction. The appeal was filed out of time without leave of the High Court, and the certificate of delay could not cure the defect because the application for proceedings was made after the statutory period had already lapsed. The appellant failed to provide any explanation or seek leave from the High Court to file the appeal out of time....

Court Disposition

Appeal struck out as incompetent for being filed out of time without leave of the court.

Orders

  • The appeal is struck out for being filed out of time without leave of the High Court.
  • Costs of the application are awarded to the respondent.