Lydia Nduru Miriti & Others v. Gerald Marangu Wilson Case Summary

Court
Environment and Land Court at Meru
Category
Civil
Judge(s)
Hon. Lucy N. Mbugua
Judgment Date
October 21, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2
Explore the case summary of Lydia Nduru Miriti & Others v. Gerald Marangu Wilson, detailing the key legal arguments and outcomes. Stay informed on significant judicial decisions.

Case Brief: Lydia Nduru Miriti & Others v. Gerald Marangu Wilson

1. Case Information:
- Name of the Case: Lydia Nduru Miriti & Others v. Gerald Marangu Wilson
- Case Number: ELC MISC. APP NO. 9 OF 2020
- Court: Environment and Land Court at Meru
- Date Delivered: October 21, 2020
- Category of Law: Civil
- Judge(s): Hon. Lucy N. Mbugua
- Country: Kenya

2. Questions Presented:
The central legal issue in this case is whether the applicants are entitled to an extension of time to file an appeal out of time against the judgment of the Principal Magistrate Githongo Law Court, which dismissed their case.

3. Facts of the Case:
The applicants, Lydia Nduru Miriti, Judith Karoki Kirimi, Charity Kinanu Kaburu, and Evangeline M. Kiende Gichuru, were dissatisfied with the judgment delivered on May 4, 2020, in Githongo ELC suit No. 83 of 2018, which dismissed their case. They sought leave to appeal out of time, claiming that the delay was caused by the court's heavy workload and the impact of the COVID-19 pandemic, which affected court operations. Additionally, the delay in receiving a signed copy of the judgment until June 4, 2020, contributed to their inability to file the appeal within the statutory 30-day limit.

4. Procedural History:
The applicants filed a notice of motion seeking leave to appeal out of time. The application was supported by an affidavit from Lydia Nduru Miriti, explaining the reasons for the delay. The respondent, Gerald Marangu Wilson, opposed the application through a replying affidavit, arguing that the applicants had not provided a satisfactory explanation for their delay. The court reviewed the application, the affidavits, and the respective submissions from both parties.

5. Analysis:
- Rules: The court considered Section 79G of the Civil Procedure Act, which stipulates that an appeal must be filed within 30 days from the date of the decree or order, excluding any time certified by the lower court as necessary for preparing the decree. The court may allow an appeal out of time if the applicant shows good and sufficient cause for the delay.
- Case Law: The court referenced the Supreme Court case of Nicholas Kiptoo Arap Korir Salat v. The Independent Electoral and Boundaries Commission & 7 others [2014] eKLR, which established principles for granting extensions of time. Additionally, the case of Fahim Yasin Twaha vs. Timamy Issa Abdalla & 2 Others [2015] eKLR was cited to emphasize that extensions are equitable remedies requiring a deserving basis.
- Application: The court found that the applicants provided a plausible account of their efforts to engage the trial court for necessary documents promptly after the judgment. The impact of the COVID-19 pandemic on court operations was also acknowledged as a legitimate factor contributing to the delay. The court concluded that the applicants demonstrated seriousness in pursuing their appeal and that there was no inordinate delay.

6. Conclusion:
The court granted the applicants leave to file and serve the memorandum of appeal within 14 days from the date of the ruling, with the stipulation that failure to do so would result in the lapse of the granted orders. Each party was ordered to bear its own costs.

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

8. Summary:
The Environment and Land Court at Meru ruled in favor of the applicants, allowing them to file an appeal out of time against the dismissal of their case. The decision underscores the court's discretion in granting extensions for filing appeals, particularly in light of extraordinary circumstances such as the COVID-19 pandemic. This ruling may have implications for future cases where delays are caused by external factors affecting court operations.

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