[2017] KESC 22 (KLR)
The Supreme Court dismissed the application for extension of time because the matter had not been heard on merit by the High Court, and no substantive appeal had been filed at the Court of Appeal or before the Supreme Court. The applicant failed to meet the principles set out in Peter Ngoge v. Hon. Francis Ole...
Source-derived case information.
- Citation
- [2017] KESC 22 (KLR)
- Parties
- Applicant: Stephen Wanyee Roki; Respondent: K-Rep Bank Limited; Respondent: City Council of Nairobi; Respondent: David Waweru
- Court
- Supreme Court
- Court Station
- Supreme Court of Kenya
- Jurisdiction
- Kenya
- Case Number
- Miscellaneous Application 26 of 2015
- Procedural Posture
- Miscellaneous Application / Ruling on Application for Extension of Time to File Notice of Appeal
- Outcome
- application dismissed with costs
- Judges
- JB Ojwang, NS Ndungu
- Legal Topics
- Extension of Time, Notice of Appeal, Supreme Court Jurisdiction
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Stephen Wanyee Roki
Applicant
K-Rep Bank Limited
Respondent
City Council of Nairobi
Respondent
David Waweru
Respondent
Procedural Posture
Miscellaneous Application / Ruling on Application for Extension of Time to File Notice of Appeal
Legal Issues
- 1 Whether the applicant has met the threshold for extension of time to file a notice of appeal to the Supreme Court.
- 2 Whether the application is competent where the substantive appeal has not been filed at the Court of Appeal or Supreme Court.
- 3 Whether the matter is properly before the Supreme Court when the main suit is still pending in the High Court.
Ratio Decidendi
The Supreme Court dismissed the application for extension of time because the matter had not been heard on merit by the High Court, and no substantive appeal had been filed at the Court of Appeal or before the Supreme Court. The applicant failed to meet the principles set out in Peter Ngoge v. Hon. Francis Ole Kaparo & 5 Others, which require that the Supreme Court's jurisdiction be properly invoked only after the matter has been conclusively determined in the lower courts. The Court found that the application was premature and not properly before it, and thus declined to exercise its discretion to extend time.
Court Disposition
application dismissed with costs
Orders
- The application for extension of time to file a notice of appeal is dismissed with costs.
Full Case Text
Judgment text and source record
26 paragraphs
Stephen Wanyee Roki v (Miscellaneous Application 26 of 2015) [2017] KESC 22 (KLR) (23 March 2017) (Ruling)
Stephen Wanyee Roki v K-Rep Bank Limited & 2 others [2017] eKLR
Neutral citation: [2017] KESC 22 (KLR)
Republic of Kenya
In the Supreme Court of Kenya
Miscellaneous Application 26 of 2015
JB Ojwang & NS Ndungu, SCJJ
March 23, 2017
Between
Stephen Wanyee Roki
Applicant
and
K-Rep Bank Limited
1st Respondent
City Council of Nairobi
2nd Respondent
David Waweru
3rd Respondent
Ruling
(An application for extension of time to file a notice of appeal under Sections 15 & 16 of the Supreme Court Act, 2011 1. Upon perusing the application dated 15th October 2015 and filed on 21st October 2015 for extension of time to file a notice of appeal against the Ruling of the Court Appeal delivered on 25th September 2015; and
2. Upon reading the affidavit of Stephen Wanyee Roki sworn on the 15th day of October2017; and
3. Upon considering the written submissions on record for the applicant and the respondent; in which the applicant contends that the delay occurred after he became indisposed due to the shock of losing the matter at the Court of Appeal;the respondents contend that the application lacks the threshold for grant of the Orders sought since it arises out of an interlocutory application and the main suit in the High Court is still pending, and the substantive appeal has never been filed at the Court of Appeal;
4. We Make the following Orders under Section 23(2) of the Supreme Court Act, Rule 31(1) of the Supreme Court Rules:
Orders 5. We dismiss the application with costs.
Reasons 6. The application is on a matter that has not been heard on merit by the High Court; and a substantive appeal has neither been filed at the Court of Appeal, nor before this Court. The principles set out in Peter Ngoge v. Hon. Francis Ole Kaparo & 5 Others, Petition 2 of 2012 have not been met.
DATED AND DELIVERED AT NAIROBI THIS 23RD DAY OF MARCH, 2017. …………………………………………J.B. OJWANGJUSTICE OF THE SUPREME COURT…………………………………………S. N. NDUNGUJUSTICE OF THE SUPREME COURTI certify that this is a true copy of the originalREGISTRARSUPREME COURT OF KENYA.