Simeon Okingo & 4 others v Benter Juma Nyakako [2020] eKLR Case Summary

Court
Court of Appeal at Kisumu
Category
Civil
Judge(s)
Hannah Okwengu, JA
Judgment Date
October 09, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Simeon Okingo & 4 others v Benter Juma Nyakako [2020] eKLR, highlighting key legal principles and court findings in this important judgment.


Case Brief: Simeon Okingo & 4 others v Benter Juma Nyakako [2020] eKLR

1. Case Information:
- Name of the Case: Simeon Okingo, Raphael Akendo Osuro, Japheth Havi Kiyai, Alfred Wandera Kabaka, Philio Omsima Shikuku v. Benter Juma Nyakako
- Case Number: Civil Application No. 38 of 2019
- Court: Court of Appeal at Kisumu
- Date Delivered: October 9, 2020
- Category of Law: Civil
- Judge(s): Hannah Okwengu, JA
- Country: Kenya

2. Questions Presented:
The central legal issue presented before the court was whether the applicants were entitled to an extension of time to file and serve a notice of appeal and record of appeal out of time, based on the grounds of delay in obtaining certified copies of the proceedings and judgment.

3. Facts of the Case:
The applicants, comprising five individuals, sought to appeal a judgment delivered by the Environment and Land Court at Kisumu on June 24, 2019, in consolidated cases ELC No. 116 of 2014 and ELC No. 160 of 2014 O.S. The applicants claimed they applied for certified copies of the proceedings and judgment but received them late, which hindered their ability to file the appeal within the stipulated time. They attached a certificate of delay, although its clarity regarding the timeline was questioned. The respondent, Benter Juma Nyakako, was involved in the proceedings concerning the use of a suit property that had implications for the beneficiaries of a deceased estate.

4. Procedural History:
The application for extension of time was filed on March 6, 2020, after the applicants failed to file their record of appeal by the deadline of December 19, 2019. The application was originally listed before a three-judge bench but was heard by Judge Okwengu as a single judge. The applicants provided a letter dated July 1, 2019, requesting copies of the proceedings, which was shared with the respondent's advocate. The respondent opposed the application, citing potential prejudice due to the use of the suit property by the deceased's beneficiaries.

5. Analysis:
- Rules: The court considered Rule 4 of the Court of Appeal Rules, which allows for the extension of time at the court's discretion. The applicants needed to provide a satisfactory explanation for the delay in filing their appeal.
- Case Law: The court referenced the Supreme Court case of *Nicholas Kiptoo Arap Korir Salat vs IEBC & 7 others [2014] eKLR*, which established that a party requesting an extension must provide a full and honest explanation for their delay. Additionally, *Leo Sila Mutiso v Rose Hellen Wangari Mwangi* highlighted factors such as the length of delay, reasons for the delay, chances of appeal success, and potential prejudice to the respondent.
- Application: The court found that the applicants failed to adequately explain the 76-day delay beyond the initial delay attributed to the late provision of the judgment. The respondent's affidavit indicated that beneficiaries were already using the property, which would result in prejudice if the extension were granted. The court concluded that the applicants did not meet the burden of proof necessary to justify the extension.

6. Conclusion:
The Court of Appeal dismissed the application for an extension of time, concluding that the delay was inordinate and unexplained, and that granting the extension would prejudice the respondent. This ruling underscores the importance of timely filings and the necessity for applicants to provide sufficient justification for any delays.

7. Dissent:
There were no dissenting opinions noted in this case. The decision was made by a single judge.

8. Summary:
The Court of Appeal ruled against the applicants in their request for an extension of time to file an appeal, citing an inordinate and unexplained delay. The case highlights the strict adherence to procedural timelines in civil appeals and the potential consequences of failing to meet these deadlines, particularly in matters involving property rights and potential prejudice to other parties.

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