Johana v Secretary Teachers Service Commission & another (Civil Appeal E315 of 2024) [2025] KECA 732 (KLR) (2 May 2025) (Judgment)
- Court
- Court of Appeal
- Case number
- 732
- Citation
- [2025] KECA 732 (KLR)
- Decided
- 2 May 2025
The appeal is dismissed with costs as the High Court did not err in law by declining to extend time and the appellant has since been dismissed from employment.
Facts
The appellant sought an extension of time to file a substantive Motion for judicial review prohibiting the respondents from interdicting him and quashing a decision dated 12th July 2006. The appellant's advocate failed to file the motion, and the appellant claimed the mistake was beyond his control.
Issues
- Whether the High Court erred in law by dismissing the Notice of Motion for extension of time
- Whether the High Court erred in law by failing to grant the appellant an opportunity to file written submissions
Reasoning
The court found that the appellant did not satisfactorily explain his actions over the 17-year period and that the application came too late. The court emphasized the need for litigants to show interest in and follow up their cases even when represented by counsel.
Outcome
Appeal dismissed
Authorities cited
Cases cited (4)
- Habo Agencies Limited v Wilfred Odhiambo Musingo (2015) eKLR
- John Ongeri Mariaria & 2 Others v Paul Matundura (2004) 2 EA 163
- United Housing Estate Limited v Nyals (Kenya) Limited Civil Appl. No. Nai. 84 of 1996
- Wilson Osolo v John Ojiambo Ochola & Another (supra)
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