[2021] KEELC 3325 (KLR)
The court found that the appellant's failure to comply with the timelines for filing submissions was occasioned by the abrupt closure of the Court Registry due to the COVID-19 pandemic. The court recognized that the appellant still had five days to comply when the closure was ordered, and that the circumstances were...
Source-derived case information.
- Citation
- [2021] KEELC 3325 (KLR)
- Parties
- Applicant: Kenya Medical Association; Respondent: Machiri Limited
- Court
- Environment and Land Court
- Court Station
- Environment and Land Court at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Appeal 6 of 2019
- Procedural Posture
- Civil Appeal / Ruling on Application for Reinstatement of Appeal
- Outcome
- Appeal reinstated; directions given for filing of submissions.
- Judges
- BM Eboso
- Legal Topics
- Reinstatement of Appeal, Non Compliance With Timelines, Court Discretion, Covid 19 Court Closure
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Kenya Medical Association
Applicant
Machiri Limited
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Reinstatement of Appeal
Legal Issues
- 1 Whether the appeal should be reinstated after dismissal for non-compliance with court timelines.
- 2 Whether the COVID-19 pandemic and resultant court closure constitute sufficient cause for non-compliance.
Ratio Decidendi
The court found that the appellant's failure to comply with the timelines for filing submissions was occasioned by the abrupt closure of the Court Registry due to the COVID-19 pandemic. The court recognized that the appellant still had five days to comply when the closure was ordered, and that the circumstances were beyond the appellant's control. Exercising its discretion, the court held that sufficient cause had been demonstrated and reinstated the appeal, admitting the appellant's submissions and granting the respondent time to respond.
Court Disposition
Appeal reinstated; directions given for filing of submissions.
Orders
- The appeal is reinstated.
- The appellant's written submissions are admitted.
Full Case Text
Judgment text and source record
18 paragraphs
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT NAIROBI
ELC APPEAL CASE NO. 6 OF 2019
KENYA MEDICAL ASSOCIATION................................APPLICANT
VERSUS
MACHIRI LIMITED......................................................RESPONDENT
RULING
1. I have considered the appellant’s notice of motion dated 3/7/2020. It seeks reinstatement of the appeal in this suit. The appeal stood dismissed due to non-compliance with timelines set by the court. The applicant has explained that non-compliance with the order of the court was occasioned by the abrupt closure of the Court Registry, effective from 16/3/2020.
2. The abrupt closure was occasioned by the COVID-19 Pandemic. The court appreciates that the 30 days period was lapsing on 20/3/2020. The appellant still had five days when the Chief Justice directed closure of the courts.
3. In the circumstances, I will exercise discretion and reinstate this appeal. The written submissions filed by the appellant are admitted. The respondent will have 14 days within which to file and serve their written submissions. The appellant will be at liberty to file brief rejoinder submissions, if necessary.
4. Mention on 12/7/2021 to fix a date for Judgment.
DATED, SIGNED AND DELIVERED AT NAIROBI ON THIS 12TH DAY OF MAY 2021.
B M EBOSO
JUDGE
In the Presence of: -
Mr Munyua for the Applicant
Ms Ndungu for the Respondent
Court Assistant: June Nafula