[2022] KEHC 12667 (KLR)
The court found that the respondent's failure to pay the further court fees as previously ordered had caused an inordinate delay in the prosecution of the appeal, rendering the appeal stagnant for approximately three years. Recognizing its inherent power to resolve procedural deadlocks and prevent abuse of process,...
Source-derived case information.
- Citation
- [2022] KEHC 12667 (KLR)
- Parties
- Appellant: Prime Rock Company Ltd; Respondent: Joseph Mwangi Ndegwa
- Court
- High Court
- Court Station
- High Court at Nyeri
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 2 of 2017
- Procedural Posture
- Civil Appeal / Ruling on Directions Regarding Payment of Further Court Fees and Issuance of Decree to Facilitate Hearing of Appeal
- Outcome
- Directions issued to facilitate hearing of appeal; decree to issue in lower court for appeal purposes; appellant granted time to file supplementary record.
- Judges
- FN Muchemi
- Legal Topics
- Court Fees, Appeal Record Completion, Issuance of Decree, Delay in Appeal Process
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Prime Rock Company Ltd
Appellant
Joseph Mwangi Ndegwa
Respondent
Procedural Posture
Civil Appeal / Ruling on Directions Regarding Payment of Further Court Fees and Issuance of Decree to Facilitate Hearing of Appeal
Legal Issues
- 1 Whether the respondent is obligated to pay further court fees as directed by the previous ruling.
- 2 Whether the appeal can proceed in the absence of payment of further court fees and issuance of a decree.
- 3 What directions the court should give to resolve the stalemate caused by non-payment of court fees.
Ratio Decidendi
The court found that the respondent's failure to pay the further court fees as previously ordered had caused an inordinate delay in the prosecution of the appeal, rendering the appeal stagnant for approximately three years. Recognizing its inherent power to resolve procedural deadlocks and prevent abuse of process, the court determined that it was necessary to intervene to facilitate the hearing of the appeal. The court held that a decree should issue in the lower court solely for the purpose of enabling the appeal to proceed, and granted the appellant fifteen days to obtain the decree and file a supplementary record. The respondent was not to benefit from the delay or from any orders...
Court Disposition
Directions issued to facilitate hearing of appeal; decree to issue in lower court for appeal purposes; appellant granted time to file supplementary record.
Orders
- A decree shall issue in Nyeri CMCC no 46 of 2015 solely for the purpose of facilitating the hearing of this appeal.
- The appellant is granted fifteen (15) days to obtain the decree and file a supplementary record.
Full Case Text
Judgment text and source record
23 paragraphs
Prime Rock Company Ltd v Ndegwa (Civil Appeal 2 of 2017) [2022] KEHC 12667 (KLR) (28 July 2022) (Ruling)
Neutral citation: [2022] KEHC 12667 (KLR)
Republic of Kenya
In the High Court at Nyeri
Civil Appeal 2 of 2017
FN Muchemi, J
July 28, 2022
Between
Prime Rock Company Ltd
Appellant
and
Joseph Mwangi Ndegwa
Respondent
Ruling
1. On January 25, 2019, Matheka, J in her ruling directed the respondent to pay the requisite further court fees in Nyeri CMCC no 46 of 2015 which gave rise to this appeal. In that case judgement was entered in favour of the respondent for general damages of kshs 500,000/= plus costs of the suit.
2. The honourable judge had examined and applied all the relevant provisions of the law and found that the respondent has an obligation to pay the further court fees and cannot revisit the responsibility on the appellant. The judge directed that this appeal be mentioned after three months from the date of delivery of the ruling. The period of three months was meant to give the respondent time to pay.
3. The appeal was mentioned on April 16, 2019 and yet the fees had not been paid. The case has since then been mentioned more than five (5) times either for the parties to sort out the issue or for the respondent to pay the further court fees. The respondent has consistently told the court through his counsel that he cannot afford to pay the court fees. This court was called upon to give directions on the stalemate.
4. It suffices to say that under rule 79G, the respondent bears the responsibility to pay the further court fees as Matheka J stated in her ruling on January 25, 2019. The respondent by failing to pay the fees has put this appeal in abeyance for about three (3) years. Failure to pay further court fees though a rear occurrence is a bit unsettling when it happens. It renders the appeal stagnant because the record of appeal will not be complete under section 79G of the Civil Procedure Act without a decree.
5. In this appeal, delay has been caused by the failure to clear the said fees in Nyeri CMCC no 46 of 2015.
6. The court has inherent power to make orders or give directions to end the stalemate like the one between the parties herein. However, the respondent must not be allowed to benefit from such orders or directions. The court may order that a decree for the sole purpose of facilitating the hearing of the appeal do issue. In my considered view, it has become necessary for this court to intervene in this appeal.
7. Consequently, I hereby direct that a decree do issue in Nyeri CMCC no 46 of 2015 only for the purpose of facilitating the hearing of this appeal. The appellant is hereby granted fifteen (15) days to obtain the decree and file a supplementary record.
8. It is hereby so ordered.
DELIVERED, DATED AND SIGNED AT NYERI THIS 28TH DAY OF JULY, 2022. F MUCHEMIJUDGERULING DELIVERED THROUGH VIDEO LINK THIS 28TH DAY OF JULY, 2022.