Kihara Kiunjuri v Harrison Macharia Waithaka & 2 others [2020] eKLR Case Summary

Court
Environment and Land Court at Muranga
Category
Civil
Judge(s)
J.G. Kemei
Judgment Date
October 15, 2020
Country
Kenya
Document Type
PDF
Number of Pages
3
Explore the Kihara Kiunjuri v Harrison Macharia Waithaka & 2 others [2020] eKLR case summary, analyzing key legal principles and outcomes that shape Kenyan jurisprudence.

Case Brief: Kihara Kiunjuri v Harrison Macharia Waithaka & 2 others [2020] eKLR

1. Case Information:
- Name of the Case: Kihara Kiunjuri v. Harrison Macharia Waithaka & Others
- Case Number: Misc. Appl. No. 5 of 2020
- Court: Environment and Land Court at Murang’a
- Date Delivered: October 15, 2020
- Category of Law: Civil
- Judge(s): J.G. Kemei
- Country: Kenya

2. Questions Presented:
The central legal issues presented to the court were whether the Applicant, Kihara Kiunjuri, should be granted leave to file an appeal out of time against the judgment delivered in SPMCC No. 18 of 2014, and if so, whether the reasons provided for the delay were sufficient to justify such an extension.

3. Facts of the Case:
The Applicant, Kihara Kiunjuri, sought to appeal a judgment delivered on October 16, 2019, in SPMCC No. 18 of 2014. The Applicant had initially filed an appeal on November 13, 2019, in the High Court (HCCA No. 52 of 2019), which was later struck out on July 28, 2020, due to lack of jurisdiction. Kihara claimed the error in filing in the wrong forum was an honest mistake and asserted that he had operated a business on the suit premises since 1969. The Respondents, including Harrison Macharia Waithaka, James Mahinge Mwangi, and Wangenye Kuria, opposed the application, arguing it was defective, that there was a significant delay of ten months, and that the appeal was not arguable.

4. Procedural History:
The case began with the Applicant filing an application on August 4, 2020, for leave to appeal out of time. The application was supported by an affidavit from the Applicant outlining his reasons for the delay. The Respondents filed a replying affidavit opposing the application. The court allowed the parties to submit written arguments, which were considered in the ruling.

5. Analysis:
- Rules: The court considered Section 79G and Section 95 of the Civil Procedure Act, which govern the timelines for filing appeals and the court's discretion to extend these timelines. Section 79G mandates that appeals must be filed within thirty days unless a valid reason is provided for any delay.

- Case Law: The court referenced the Supreme Court's ruling in *Nicholas Kiptoo Arap Korir Salat v. Independent Electoral and Boundaries Commission & 7 others [2015] eKLR*, which established principles for granting extensions of time. The court emphasized that the burden of proof lies with the party seeking the extension, and that the request must be evaluated on a case-by-case basis.

- Application: The court found that the Applicant's initial appeal had been filed within the statutory period but was struck out due to jurisdictional issues. The Applicant's explanation for the delay was deemed plausible and not dilatory. The court considered the Respondents' claim of potential prejudice but concluded that the interests of substantive justice outweighed this concern, allowing the Applicant to pursue his appeal.

6. Conclusion:
The court ruled in favor of the Applicant, granting an extension of thirty days from the date of the ruling to file his appeal. The court emphasized the need for a fair balance between the Applicant's right to appeal and the Respondents' right to enjoy the fruits of their judgment.

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

8. Summary:
The Environment and Land Court at Murang’a allowed Kihara Kiunjuri's application for an extension of time to file an appeal against a previous judgment. The ruling underscored the importance of substantive justice and the court's discretion in balancing the rights of both parties involved. The decision highlights the court's willingness to permit appeals in cases where the delay is explained satisfactorily and does not cause undue prejudice to the opposing party.

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