Super Foam Limited & another v Gladys Ncororo Mbero [2020] eKLR Case Summary

Court
High Court of Kenya at Meru
Category
Civil
Judge(s)
F. Gikonyo
Judgment Date
October 08, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the case summary of Super Foam Limited & another v Gladys Ncororo Mbero [2020] eKLR, detailing the key judgments and legal principles involved in this significant ruling.

Case Brief: Super Foam Limited & another v Gladys Ncororo Mbero [2020] eKLR

1. Case Information:
- Name of the Case: Super Foam Limited & Stephen Thiongo Karura v. Gladys Ncororo Mbero
- Case Number: Miscellaneous Civil Application No. 9 of 2020
- Court: High Court of Kenya at Meru
- Date Delivered: October 8, 2020
- Category of Law: Civil
- Judge(s): F. Gikonyo
- Country: Kenya

2. Questions Presented:
The central legal issue presented before the court was whether the applicants could be granted leave to file an appeal out of time against the judgment and decree of the Meru Chief Magistrate’s Court in Civil Case No. 51 of 2017.

3. Facts of the Case:
The applicants, Super Foam Limited and Stephen Thiongo Karura, sought to appeal a judgment delivered in their favor on July 24, 2019, which they claimed they were unaware of until an auctioneer proclaimed their goods. They argued that they were not notified of the judgment date and that the decree and certificate of costs were extracted without their knowledge. The respondent, Gladys Ncororo Mbero, opposed the application, asserting that the applicants had been represented by counsel at the time of judgment and that they had failed to take timely action despite knowing about the judgment.

4. Procedural History:
The application for leave to appeal out of time was filed on January 29, 2020, which was six months after the judgment. The respondent opposed the application through a replying affidavit, arguing that the applicants had not met the necessary conditions for granting leave to appeal out of time. The application was to be canvassed through written submissions; however, the applicants did not file any submissions.

5. Analysis:
- Rules: The relevant statute governing the application was Section 79G of the Civil Procedure Act, which stipulates that an appeal from a subordinate court must be filed within thirty days of the decree or order, with the possibility of extension if the appellant provides sufficient cause for the delay.
- Case Law: The court referenced the case of Paul Musili Wambua v Attorney General & 2 others [2015] eKLR, which established that the decision to extend time for filing an appeal is at the court's discretion and must be based on reasonable grounds, taking into account the length of the delay, reasons for the delay, chances of success of the appeal, and potential prejudice to the respondent.
- Application: The court found that the applicants failed to provide sufficient evidence to justify their delay in filing the appeal. The absence of a certified copy of the judgment and the reliance on unverified claims made by the applicants’ advocate weakened their case. The court concluded that the delay was not adequately explained and that granting the extension could prejudice the respondent's right to enjoy the fruits of the judgment.

6. Conclusion:
The court dismissed the application for leave to appeal out of time, ruling that the applicants did not meet the necessary conditions for such an extension. The decision underscored the importance of timely action in legal proceedings and the need for applicants to provide clear and substantiated reasons for any delays.

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

8. Summary:
The High Court of Kenya dismissed the application by Super Foam Limited and Stephen Thiongo Karura to file an appeal out of time against the judgment in Meru Chief Magistrate’s Court Civil Case No. 51 of 2017. The court emphasized the necessity for applicants to provide sufficient evidence for delays in filing appeals, thereby reinforcing the principles of timely justice and the protection of the respondent's rights. This case illustrates the challenges faced by parties who do not act promptly in legal matters and the stringent requirements for extending appeal deadlines.

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