[2021] KECA 246 (KLR)
The court found that the applicant provided a satisfactory explanation for the delay in serving the notice of appeal, specifically attributing the delay to the malfunction of the judiciary’s electronic filing platform. The court accepted that the notice of appeal was ready within time but could not be filed and...
Source-derived case information.
- Citation
- [2021] KECA 246 (KLR)
- Parties
- Applicant: Gladys Muthoni Mungu’Ra; Respondent: Julius Ngari Njagi
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Malindi
- Jurisdiction
- Kenya
- Case Number
- Civil Application E41 of 2021
- Procedural Posture
- Extension of Time Application / Ruling on Application for Extension of Time to Serve Notice of Appeal
- Outcome
- application allowed
- Judges
- SG Kairu
- Legal Topics
- Extension of Time, Notice of Appeal, Electronic Filing System, Court Discretion
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Gladys Muthoni Mungu’Ra
Applicant
Julius Ngari Njagi
Respondent
Procedural Posture
Extension of Time Application / Ruling on Application for Extension of Time to Serve Notice of Appeal
Legal Issues
- 1 Whether the applicant has provided sufficient cause for extension of time to serve the notice of appeal.
- 2 Whether malfunction of the judiciary’s electronic filing platform constitutes a valid reason for delay.
Ratio Decidendi
The court found that the applicant provided a satisfactory explanation for the delay in serving the notice of appeal, specifically attributing the delay to the malfunction of the judiciary’s electronic filing platform. The court accepted that the notice of appeal was ready within time but could not be filed and served due to technical difficulties beyond the applicant’s control. Applying the principles from relevant case law, the court exercised its discretion to allow the extension of time, holding that the applicant should not be penalized for circumstances outside her control. The application was therefore allowed, and the time for filing and serving the notice of appeal was extended.
Court Disposition
application allowed
Orders
- Time for filing and service of the notice of appeal dated 22nd February 2021 is extended.
- If the notice of appeal has not already been served, the applicant shall serve it within 14 days of delivery of this ruling.
Full Case Text
Judgment text and source record
20 paragraphs
Mungu’Ra v Njagi (Civil Application E41 of 2021) [2021] KECA 246 (KLR) (3 December 2021) (Ruling)
Neutral citation number: [2021] KECA 246 (KLR)
Republic of Kenya
In the Court of Appeal at Malindi
Civil Application E41 of 2021
SG Kairu, JA
December 3, 2021
Between
Gladys Muthoni Mungu’Ra
Applicant
and
Julius Ngari Njagi
Respondent
(An application for extension of time to serve a notice of appeal against the judgment of the Environment and Land Court at Malindi (Olola, J.) delivered on 19th February 2021 in ELC Civil Appeal No. 7 of 2019 and the notice dated 22nd February 2021 be deemed to have been served on time)
Ruling
1. In her application dated 3rd May 2021, the applicant, Gladys Muthoni Mungu’ra, intent on appealing the judgment of the Environment and Land Court delivered on 19th February 2021, seeks an order, under Rule 4 of the Court of Appeal Rules, that the time to serve the Notice of Appeal be extended and that the notice of appeal is deemed to have been served on time.
2. In the affidavit supporting the application, the applicant has deposed, based on information from her advocate, that following the delivery of judgment on 19th February 2021, request was made to the court on the same day for the supply of typed proceedings and the judgment; that the notice of appeal was ready for filing on 22nd February 2021; that due to malfunctioning of the judiciary’s electronic filing platform, payment for the same could only be generated from 18th March 2021; that the notice of appeal was paid for on 19th March 2021 buy by then the time to file and serve the notice of appeal had lapsed.
3. Having considered the application, the grounds and affidavit in support against the legal principles applicable in matters of this nature (see for instanceFakir Mohamed vs. Joseph Mugambi & 2 others [2005] eKLR and the Supreme Court of Kenya decisionin in Nicholas Kiptoo Arap Korir Salat vs. IEBC & 7 others, Supreme Court Application No. 16 of 2014[2014] eKLR), I amsatisfied that this is a proper case for exercise of the Court’s discretion in favour of the applicant. Satisfactory explanation has been given that the applicant was prevent from complying with the timelines set in the rules of the court for filing and service of the notice of appeal by reason of malfunction of the electronic filing system at the relevant time.
3. Accordingly, the application dated 3rd May 2021 is allowed in terms of prayer 1 thereof. The time for filing and service of the notice of appeal dated 22nd February 2021 is hereby extended. If the same has not already been served, the applicant shall serve the same within 14 days of delivery of this ruling.I make no orders as to costs.
DATED AND DELIVERED AT MOMBASA THIS 3 RD DAY OF DECEMBER 2021. S. GATEMBU KAIRU, FCIArb.................................JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR