[2025] KECA 1049 (KLR)
The Court held that the application was incompetent as it improperly combined two distinct prayers—one for extension of time, which is to be determined by a single Judge, and another for striking out the appeal, which is to be determined by a full bench. The established position of the Court of Appeal is that...
Source-derived case information.
- Citation
- [2025] KECA 1049 (KLR)
- Parties
- Applicant: Eunice Wanjiru Gathithi the Legal Representative of the Estate of the Late Fredrick Gathithi Kabue; Respondent: Cannon Assurance Kenya Limited
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application E035 of 2025
- Procedural Posture
- Civil Application / Ruling on Omnibus Application Seeking Extension of Time and Striking Out of Appeal
- Outcome
- application struck out
- Judges
- W Karanja
- Legal Topics
- Extension of Time, Striking Out of Appeal, Omnibus Applications, Court of Appeal Rules
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Eunice Wanjiru Gathithi the Legal Representative of the Estate of the Late Fredrick Gathithi Kabue
Applicant
Cannon Assurance Kenya Limited
Respondent
Procedural Posture
Civil Application / Ruling on Omnibus Application Seeking Extension of Time and Striking Out of Appeal
Legal Issues
- 1 Whether an omnibus application combining prayers for extension of time and striking out of appeal is competent before a single Judge of the Court of Appeal.
- 2 Whether the application should be struck out for procedural impropriety.
Ratio Decidendi
The Court held that the application was incompetent as it improperly combined two distinct prayers—one for extension of time, which is to be determined by a single Judge, and another for striking out the appeal, which is to be determined by a full bench. The established position of the Court of Appeal is that omnibus applications of this nature are not permitted, as they conflate matters that require different judicial panels. Consequently, the Court struck out the application, directing the applicant to file the applications separately before the appropriate panels as prescribed by the Court of Appeal Rules.
Court Disposition
application struck out
Orders
- The omnibus application dated 18th March 2025 is struck out.
- The applicant is at liberty to file the application for extension of time before a single Judge and, if necessary, an application for striking out before a three Judge bench.
Full Case Text
Judgment text and source record
20 paragraphs
Gathithi the Legal Representative of the Estate of the Late Fredrick Gathithi Kabue v Cannon Assurance Kenya Limited (Civil Application E035 of 2025) [2025] KECA 1049 (KLR) (9 June 2025) (Ruling)
Neutral citation: [2025] KECA 1049 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Application E035 of 2025
W Karanja, JA
June 9, 2025
Between
Eunice Wanjiru Gathithi the Legal Representative of the Estate of the Late Fredrick Gathithi Kabue
Applicant
and
Cannon Assurance Kenya Limited
Respondent
(Being an appeal against the ruling of the High Court of Kenya Commercial and Tax Division, Nairobi (A. Mabeya, J.) dated on 6th May 2021 in HCCC No. 151 of 2008 Civil Suit 151 of 2008 )
Ruling
1. The Notice of Motion dated 18th March 2025 seeks 2 prayers. One prayer for extension of time under Rule 4 of the Court of Appeal Rules; and the second one a prayer for striking out the appeal under Rule 86 of the Court of Appeal Rules. This is an omnibus application which has mixed up single Judge matters and full bench matters.
2. This Court’s stand on omnibus applications is well established.
3. Accordingly, I strike out the application. The applicant can file the application for extension of time before a single Judge and if that is not allowed, then an application for striking out can be made before a 3 Judge bench.
4. Orders accordingly.
DATED AND DELIVERED AT NAIROBI THIS 9TH DAY OF JUNE 2025. W. KARANJA.................JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR