Pamela Imbuka Njaro & another v Joseph Vutita Njaro & 3 others [2020] eKLR Case Summary

Court
High Court of Kenya at Kakamega
Category
Civil
Judge(s)
Hon. W. Musyoka
Judgment Date
October 06, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of Pamela Imbuka Njaro & another v Joseph Vutita Njaro & 3 others [2020] eKLR. Key insights into legal arguments and judgment outcomes are provided for your understanding.

Case Brief: Pamela Imbuka Njaro & another v Joseph Vutita Njaro & 3 others [2020] eKLR

1. Case Information:
- Name of the Case: Pamela Imbuka Njaro & Francis Boge Njaro v. Joseph Vutita Njaro & Others
- Case Number: Civil Case No. 17 of 2018 (Formerly Kakamega ELC No. 78 of 2014)
- Court: High Court of Kenya at Kakamega
- Date Delivered: October 6, 2020
- Category of Law: Civil
- Judge(s): Hon. W. Musyoka
- Country: Kenya

2. Questions Presented:
The central legal issues presented before the court were whether the applicant could be granted leave to file a notice of appeal out of time and whether a stay of execution of the decree pending the intended appeal should be granted.

3. Facts of the Case:
The plaintiffs, Pamela Imbuka Njaro and Francis Boge Njaro, sought to appeal a judgment delivered on May 8, 2020, in their absence due to the COVID-19 pandemic. They claimed that the pandemic had hindered their ability to file the notice of appeal within the prescribed time. The defendants included Joseph Vutita Njaro (1st Defendant), Molyn Credit Limited (2nd Defendant), Kennedy K. Shikuku (3rd Defendant), and Kennedy Nandi Vitisia (4th Defendant). The 4th Defendant opposed the application, arguing that the High Court lacked jurisdiction to grant the extension and that the application was an abuse of court process.

4. Procedural History:
The application for leave to file a notice of appeal out of time was filed on July 15, 2020, by the 1st plaintiff. The 4th Defendant filed grounds of opposition on July 27, 2020. The application was argued orally on July 30, 2020, with the plaintiffs submitting written arguments on July 28, 2020. The respondent did not file any written submissions.

5. Analysis:
- Rules: The court considered the Appellate Jurisdiction Act, Cap 9, Laws of Kenya, which allows the High Court to extend time for filing a notice of appeal. The relevant rules were found in Order 42 rule 6 of the Civil Procedure Rules, which addresses appeals to the Court of Appeal.
- Case Law: The court referenced several cases, including *Kenya Airports Authority & another vs. Timothy Nduvi Mutungi* and *Pithon Waweru Maina vs. Thuka Mugiria*, to support the principle that mistakes by counsel should not be detrimental to the client and that the High Court has the authority to grant extensions for filing notices of appeal.
- Application: The court found that the applicant provided sufficient reasons for failing to file the notice of appeal on time, primarily due to the disruptions caused by the COVID-19 pandemic. The court noted that a notice of appeal had been filed on May 21, 2020, but was improperly lodged by an advocate who had not been properly instructed.

6. Conclusion:
The court ruled to extend the time for the applicant to file a notice of appeal by fourteen days but denied the request for a stay of execution, reasoning that there was no decree to execute since the suit had been dismissed.

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

8. Summary:
The High Court of Kenya at Kakamega granted an extension for the plaintiffs to file their notice of appeal while denying the request for a stay of execution. This case highlights the court's acknowledgment of the unique challenges posed by the COVID-19 pandemic on legal proceedings and the importance of ensuring that procedural rules allow for fair access to justice. The ruling underscores the High Court's jurisdiction to extend time for filing appeals and clarifies the limitations regarding the stay of execution when no executable decree exists.

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