Ngetich & 2 others (All Suing as Officials of Kondoo Trading Centre Self Help Group) v Maina & 5 others (Civil Application E003 of 2024) [2024] KECA 697 (KLR) (14 June 2024) (Ruling)

Facts

The applicants, officials of Kondoo Trading Centre Self Help Group, sought an extension of time to file and serve a Notice of Appeal against a judgment issued by Hon. M.A. Odeny J in the High Court at Eldoret, ELC Case No.452 of 2013. The judgment was delivered on 20th April 2022, and a permanent injunction was issued against their occupation of land parcel No. Uasin Gishu/kondoo Scheme/627. The applicants claimed inability to trace their initial advocates, M.K. Magut & Sang Advocates, who did not inform them of the judgment. They changed advocates to Koech, Lelei & Co and filed an application for leave to file the Notice of Appeal out of time.

Issues

1. Whether the delay in filing the Notice of Appeal is excusable
2. Whether the intended appeal is arguable

Reasoning

The applicants did not contest the respondents' averment regarding the physical address and telephone number of their advocates. There is no evidence that they took any action to seek information regarding their judgment. The applicants' lack of diligence and initiative in following up on their case is considered a reason for the delay. The Court's discretion to extend time is invoked only after sufficient reason is established, and the applicants did not provide valid reasons.

Outcome

The application is dismissed.

Authorities cited