Symposia Consult Limited v George Gikere Kaburu & 2 others [2019] KECA 118 (KLR)
- Court
- Court of Appeal
- Case number
- 118
- Citation
- [2019] KECA 118 (KLR)
The motion is dismissed with costs to the respondent as the applicant's counsel failed to comply with the provisions of O.9 r.9 of the Civil Procedure Rules (CPR).
Facts
The applicant, Symposia Consult Limited, sought an extension of time to serve a Notice of Appeal, file and serve the Memorandum of Appeal and Record of Appeal against the judgment of the Environment & Land Court at Thika. The impugned judgment was delivered on 14th June, 2019. The applicant's Managing Director's wife was sick, and the applicant's counsel, Mr. Mwaniki Njuguna, received instructions to act for the applicant on 16th July, 2019. The Notice of Appeal was filed and served on 18th and 22nd July, 2019, respectively.
Issues
- Whether the applicant is improperly before the court due to non-compliance with the rules of procedure regarding change of advocates.
- Whether the delay in receiving instructions was a valid reason for the extension of time.
Reasoning
The court sympathized with the applicant's predicament but found that the non-compliance of the rules of procedure by the applicant's counsel was fatal to the application.
Outcome
Motion dismissed with costs to the respondent.
Orders
- Motion for extension of time to serve a Notice of Appeal, file and serve the Memorandum of Appeal and Record of Appeal dismissed with costs to the respondent.
Authorities cited
Legislation (1)
- Civil Procedure Rules (CPR)
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