Nehemiah Stonebic Misiani t/a Stonebic High School v Radio Africa Group Limited & 2 others [2020] eKLR Case Summary

Court
High Court of Kenya at Nairobi
Category
Civil
Judge(s)
J. Kamau
Judgment Date
September 24, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the 2020 case summary of Nehemiah Stonebic Misiani t/a Stonebic High School v Radio Africa Group Limited & 2 others, highlighting key legal findings and implications.

Case Brief: Nehemiah Stonebic Misiani t/a Stonebic High School v Radio Africa Group Limited & 2 others [2020] eKLR

1. Case Information:
- Name of the Case: Nehemiah Stonebic Misiani T/A Stonebic High School v. Radio Africa Group Limited, Njenga Gicheha, Star Publications Limited
- Case Number: Civil Appeal No. 241 of 2018
- Court: High Court of Kenya at Nairobi
- Date Delivered: September 24, 2020
- Category of Law: Civil
- Judge(s): J. Kamau
- Country: Kenya

2. Questions Presented:
The primary legal issue before the court was whether the Appellant, Nehemiah Stonebic Misiani, could be granted leave to file a Notice of Appeal after the deadline had passed, and whether the court had jurisdiction to entertain the application for extension of time.

3. Facts of the Case:
The Appellant, operating as Stonebic High School, sought to appeal a judgment delivered on November 14, 2019. He filed a Notice of Motion on December 2, 2019, requesting leave to file a Notice of Appeal, explaining that he could not make the necessary payment by the deadline of November 28, 2019. The Respondents, including Radio Africa Group Limited, Njenga Gicheha, and Star Publications Limited, opposed the application, arguing that the Appellant's inability to pay did not justify the delay and that the court lacked jurisdiction to hear the application.

4. Procedural History:
The Appellant's application was met with opposition from the Respondents, who filed Grounds of Opposition and a Notice of Preliminary Objection, claiming a lack of jurisdiction under Rule 4 of the Court of Appeal Rules, 2010. The court prioritized addressing the Preliminary Objection before considering the merits of the application. The Respondents contended that the Appellant's delay constituted an abuse of the court process.

5. Analysis:
- Rules: The court referenced Section 7 of the Appellate Jurisdiction Act Cap 9 of the Laws of Kenya, which allows the High Court to extend time for filing a Notice of Appeal even if the original time has expired, except in cases of death sentences.
- Case Law: The court did not cite specific previous cases but acknowledged general principles regarding access to justice and the right to appeal. The court recognized the importance of balancing the Appellant's right to appeal against the Respondents' right to a timely resolution of disputes.
- Application: The court found that the Respondents' claim of a lack of jurisdiction was unfounded, as the High Court indeed had the authority to grant the extension. The court noted that a one-day delay in filing the application was not excessive and that the Appellant's right to a fair hearing outweighed the Respondents' concerns about delay.

6. Conclusion:
The court ruled in favor of the Appellant, allowing the application for leave to file a Notice of Appeal. The Preliminary Objection raised by the Respondents was dismissed, and the court emphasized the importance of ensuring that all parties have the opportunity to have their disputes heard in accordance with the law.

7. Dissent:
There were no dissenting opinions noted in the ruling.

8. Summary:
The High Court of Kenya granted Nehemiah Stonebic Misiani's application for leave to file a Notice of Appeal after a brief delay. The court underscored the right to access justice and the importance of allowing appeals to be heard on their merits. This ruling reinforces the principle that minor delays should not preclude parties from pursuing their legal rights, particularly in the context of a fair judicial process.

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