[2024] KEELC 6726 (KLR)
The court found that the application for extension of time was unnecessary because, by operation of Order 50 Rule 4 of the Civil Procedure Rules, the period between 21st December and 13th January is excluded from the computation of time for filing appeals. The judgment being appealed was delivered on 20th December...
Source-derived case information.
- Citation
- [2024] KEELC 6726 (KLR)
- Parties
- Appellant: Lucy Wanjovi Kariuki; Respondent: Eugenia Gicuku Moses (Suing as the Legal Representative/ Administrator of the Estate of the Late Moses Muturi Ndwiga - Deceased)
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Embu
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal E001 of 2022
- Procedural Posture
- Environment and Land Appeal / Ruling on Motion for Extension of Time to File Appeal
- Outcome
- application dismissed
- Judges
- A Kaniaru
- Legal Topics
- Extension of Time, Computation of Time, Appeals Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Lucy Wanjovi Kariuki
Appellant
Eugenia Gicuku Moses (Suing as the Legal Representative/ Administrator of the Estate of the Late Moses Muturi Ndwiga - Deceased)
Respondent
Procedural Posture
Environment and Land Appeal / Ruling on Motion for Extension of Time to File Appeal
Legal Issues
- 1 Whether the appellant's appeal was filed out of time and required extension of time to be deemed properly filed.
- 2 Whether the period between 21st December and 13th January is excluded from computation of time for filing appeals under the Civil Procedure Rules.
Ratio Decidendi
The court found that the application for extension of time was unnecessary because, by operation of Order 50 Rule 4 of the Civil Procedure Rules, the period between 21st December and 13th January is excluded from the computation of time for filing appeals. The judgment being appealed was delivered on 20th December 2021, so time for filing the appeal began running on 14th January 2022. The statutory 30-day period expired on 12th February 2022, which was a Saturday when courts were closed. Therefore, the earliest the appeal could be filed was Monday, 14th February 2022, which is when the memorandum of appeal was indeed filed. The appeal was thus filed within time, and the application for...
Court Disposition
application dismissed
Orders
- The notice of motion dated 18.07.2022 is dismissed.
- No order as to costs.
Full Case Text
Judgment text and source record
16 paragraphs
Kariuki v Moses (Suing as the Legal Representative/ Administrator of the Estate of the Late Moses Muturi Ndwiga - Deceased) (Environment and Land Appeal E001 of 2022) [2024] KEELC 6726 (KLR) (25 September 2024) (Ruling)
Neutral citation: [2024] KEELC 6726 (KLR)
Republic of Kenya
In the Environment and Land Court at Embu
Environment and Land Appeal E001 of 2022
A Kaniaru, J
September 25, 2024
Between
Lucy Wanjovi Kariuki
Appellant
and
Eugenia Gicuku Moses (Suing as the Legal Representative/ Administrator of the Estate of the Late Moses Muturi Ndwiga - Deceased)
Respondent
Ruling
1. I have been called upon to make a determination on a motion on notice dated 18. 07. 2022 filed by the appellant - Lucy Wanjovi Kariuki. She is seeking for an extension of time to file an appeal against a judgement delivered on 20. 12. 2021 in ELC No. 61 of 2019 by Hon J. Ndeng’eri. She is also seeking to have the Memorandum of Appeal filed deemed as duly filed within the stipulated time and for costs of this application to be in the cause. However, upon perusal of the appeal said to have been filed out of time, I do note that this application is unnecessary. This is because, the Civil Procedure Rules, under Order 50 Rule 4, provides for the exemption or exclusion of the period between the twenty-first day of December in any given calendar year and the thirteenth day of January in the calendar year next following, both days included, from computation of time for filing of any pleading or doing any other act. The judgement to be appealed from having been delivered on 20. 12. 2021, then time started running for purposes of filing the appeal on 14. 01. 2022. The 30 days required by law within which to file an appeal fell on 12. 02. 2022 which was a Saturday, and obviously courts were not open. So the earliest the appeal ought to have been filed was the following Monday, 14. 02. 2022. The memorandum of appeal having been filed on 14. 02. 2022 was therefore filed within time and so the appeal is well on record. That is why I have pointed out that this application is unnecessary. The appeal was timeously filed, period.
2. For the foregoing reasons, I do find that the notice of motion dated 18. 07. 2022 is unfounded and I hereby dismiss it. I will not make any orders as to costs.RULING DATED, SIGNED AND DELIVERED IN OPEN COURT AT EMBU THIS 25TH DAY OF SEPTEMBER, 2024. In the presence of Ms Ndorongo for appellant/ applicant and Ms Muthoni Ndeke for respondent.Court Assistant - LeadysA. KANIARUJUDGE – ELC, EMBU25. 9.2024