[2022] KECA 917 (KLR)

[2022] KECA 917 (KLR)

The Court held that the applicant had not obtained leave to appeal from the High Court's decision under section 35 of the Arbitration Act, which is a mandatory prerequisite for lodging an appeal to the Court of Appeal in such matters. Without such leave, any extension of time to file an appeal would be futile, as the intended appeal would be incompetent ab initio. The Court emphasized that its jurisdiction to entertain appeals from section 35 decisions is circumscribed and can only be invoked in exceptional circumstances upon grant of leave. Since the applicant neither sought nor obtained leave, the application for extension of time was dismissed as lacking merit and purpose.

Citation
[2022] KECA 917 (KLR)
Parties
Applicant: Prabhaki Developers Ltd; Respondent: Structural Development Ltd
Court
Court of Appeal
Court Station
Court of Appeal at Nairobi
Jurisdiction
Kenya
Judgment Date
22 July 2022
Case Number
Civil Application E037 of 2022
Procedural Posture
Extension of Time Application / Ruling on Application for Extension of Time to Appeal
Outcome
application dismissed with costs to the respondent
Judges
K M'Inoti
Legal Topics
Extension of Time, Leave to Appeal, Arbitration Awards, Jurisdiction of Court of Appeal
Source Language
English
Civil Procedure Alternative Dispute Resolution Extension of Time Leave to Appeal Arbitration Awards Jurisdiction of Court of Appeal

Case Brief

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Parties

Prabhaki Developers Ltd

Applicant

Structural Development Ltd

Respondent

Procedural Posture

Extension of Time Application / Ruling on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether the applicant is entitled to extension of time to file an appeal against the High Court ruling under section 35 of the Arbitration Act.
  2. 2 Whether leave to appeal is a prerequisite for lodging an appeal from a High Court decision under section 35 of the Arbitration Act.
  3. 3 Whether the application for extension of time is competent in the absence of leave to appeal.

Ratio Decidendi

The Court held that the applicant had not obtained leave to appeal from the High Court's decision under section 35 of the Arbitration Act, which is a mandatory prerequisite for lodging an appeal to the Court of Appeal in such matters. Without such leave, any extension of time to file an appeal would be futile, as the intended appeal would be incompetent ab initio. The Court emphasized that its jurisdiction to entertain appeals from section 35 decisions is circumscribed and can only be invoked in exceptional circumstances upon grant of leave. Since the applicant neither sought nor obtained leave, the application for extension of time was dismissed as lacking merit and purpose.

Court Disposition

application dismissed with costs to the respondent

Orders

  • The application for extension of time dated 8th February 2022 is dismissed with costs to the respondent.