[2025] KECA 899 (KLR)
The court held that the applicants, having had their application for extension of time dismissed by a single judge for lack of jurisdiction, could not refile the same application before another single judge. The proper procedure was to seek reference to the full court under Rule 57 of the Court of Appeal Rules. The...
Source-derived case information.
- Citation
- [2025] KECA 899 (KLR)
- Parties
- Applicant: Hannah Njeri Ngorongo; Applicant: David Irungu Ngorongo; Applicant: Joseph Makanga Ngorongo; Applicant: Stephen Wagereka Ngorongo; Applicant: Philip Wachira Ngorongo; Applicant: Samuel Mwangi Ngorongo; Respondent: David Wachira Wangui; Respondent: John Makanga Wangui; Respondent: Francis Mwangi Wangui; Respondent: Raphael Ngorongo Wangui; Respondent: Veronicah Wanjiru Wangui
- Court
- Court of Appeal
- Court Station
- Court of Appeal at Nairobi
- Jurisdiction
- Kenya
- Case Number
- Civil Application E478 of 2024
- Procedural Posture
- Extension of Time Application / Ruling on Application for Extension of Time to File Notice of Appeal
- Outcome
- application dismissed with costs to the respondents
- Judges
- W Karanja
- Legal Topics
- Extension of Time, Notice of Appeal, Abuse of Process, Probate and Administration
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Hannah Njeri Ngorongo
Applicant
David Irungu Ngorongo
Applicant
Joseph Makanga Ngorongo
Applicant
Stephen Wagereka Ngorongo
Applicant
Philip Wachira Ngorongo
Applicant
Samuel Mwangi Ngorongo
Applicant
David Wachira Wangui
Respondent
John Makanga Wangui
Respondent
Francis Mwangi Wangui
Respondent
Raphael Ngorongo Wangui
Respondent
Veronicah Wanjiru Wangui
Respondent
Procedural Posture
Extension of Time Application / Ruling on Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the applicants are entitled to extension of time to file and serve the notice of appeal out of time.
- 2 Whether refiling the same application before a different single judge after dismissal constitutes abuse of court process.
Ratio Decidendi
The court held that the applicants, having had their application for extension of time dismissed by a single judge for lack of jurisdiction, could not refile the same application before another single judge. The proper procedure was to seek reference to the full court under Rule 57 of the Court of Appeal Rules. The attempt to relitigate the same issue before a different judge amounted to abuse of the court process. Consequently, the application was found to be devoid of merit and was dismissed with costs to the respondents.
Court Disposition
application dismissed with costs to the respondents
Orders
- The application for extension of time to file and serve the notice of appeal out of time is dismissed.
- The applicants shall pay the costs of the application to the respondents.
Full Case Text
Judgment text and source record
38 paragraphs
Ngorongo & 5 others v Wangui & 4 others (Civil Application E478 of 2024) [2025] KECA 899 (KLR) (23 May 2025) (Ruling)
Neutral citation: [2025] KECA 899 (KLR)
Republic of Kenya
In the Court of Appeal at Nairobi
Civil Application E478 of 2024
W Karanja, JA
May 23, 2025
Between
Hannah Njeri Ngorongo
1st Applicant
David Irungu Ngorongo
2nd Applicant
Joseph Makanga Ngorongo
3rd Applicant
Stephen Wagereka Ngorongo
4th Applicant
Philip Wachira Ngorongo
5th Applicant
Samuel Mwangi Ngorongo
6th Applicant
and
David Wachira Wangui
1st Respondent
John Makanga Wangui
2nd Respondent
Francis Mwangi Wangui
3rd Respondent
Raphael Ngorongo Wangui
4th Respondent
Veronicah Wanjiru Wangui
5th Respondent
(Being an application for extension of time to file and serve the notice of appeal out of time in an intended appeal from the Ruling of the High Court at Nyahururu (C. Kariuki, J.) dated 13th May 2021 in Succ Cause No. 4 of 2017 Formerly NKU Succ. Cause No. 339 of 2007)
Ruling
1. On 13th May 2021 the High Court sitting at Nyahururu (Charles Kariuki, J.) revoked the grant of Letters of Administration issued to Hannah Njeri Ngorongo and David Irungu Njoroge, (1st and 2nd applicants, respectively) on 11th June 2008 and the Certificate of Confirmation issued on 11th May 2007. The applicants were aggrieved by the said orders.
2. They did not file the notice of appeal on time for various reasons, that do not concern me for purposes of this Ruling. Suffice it to say that they filed an omnibus application before the Court of Appeal in Nakuru seeking orders, inter alia, that the Court extends time and validates the notice of appeal which had already been filed out of time and without leave of the court.
3. The Court struck out the application on 10th March 2023 for reasons that the prayer for extension of time under Rule 4 could only be heard by a single Judge and advised the applicants to file an application for extension of time before a single Judge. They did so and the application was heard by Mativo, JA. who dismissed it on 20th June 2023 expressing himself in part as follows:-“I find and hold that the orders sought by the applicants for extension of time can only be granted where the court has jurisdiction to grant the orders sought. The law does not allow me to grant orders where I do not have jurisdiction.”
4. The applicants have come back to Court seeking the same order Judge Mativo declined to grant. This, in my view, is abuse of the court process. If the parties were aggrieved by the Ruling by Mativo, JA, the applicants should have moved the Court by way of reference to full court pursuant to Rule 57 of the Court of Appeal Rules and not refile the same application for hearing before a different single Judge. The application before me is completely devoid of merit and I dismiss it with costs to the respondents.
DATED AND DELIVERED AT NAIROBI THIS 23RD DAY OF MAY 2025. W. KARANJA……………………………….JUDGE OF APPEALI certify that this is a true copy of the original.SignedDEPUTY REGISTRAR.