Ann Wanja t/a Kanini Merchants v Kennedy Masinde [2020] eKLR Case Summary

Court
Court of Appeal at Nairobi
Category
Civil
Judge(s)
S. ole Kantai, J.A.
Judgment Date
October 23, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2

Case Brief: Ann Wanja t/a Kanini Merchants v Kennedy Masinde [2020] eKLR

1. Case Information:
- Name of the Case: Ann Wanja T/A Kanini Merchants v. Kennedy Masinde
- Case Number: Civil Application No. E247 of 2020
- Court: Court of Appeal at Nairobi
- Date Delivered: 23rd October 2020
- Category of Law: Civil
- Judge(s): S. ole Kantai, J.A.
- Country: Kenya

2. Questions Presented:
The central legal issue presented before the court was whether to grant the applicant, Ann Wanja, an extension of time to file and serve a Notice of Appeal and Record of Appeal following the judgment delivered by the High Court.

3. Facts of the Case:
The applicant, Ann Wanja, trading as Kanini Merchants, was involved in a legal dispute with the respondent, Kennedy Masinde. The High Court had delivered a judgment on 28th July 2020, ruling in favor of the respondent and awarding him Kshs. 6,824,750 plus interest while dismissing the applicant's counter-claim. The applicant sought to appeal this decision but faced challenges in filing the appeal on time due to various circumstances, including difficulties in accessing the virtual court proceedings and delays in obtaining a copy of the judgment.

4. Procedural History:
The case began with the High Court's judgment on 28th July 2020. Following the judgment, the applicant's legal team faced challenges that prevented them from filing a Notice of Appeal within the stipulated time. On 19th August 2020, the applicant filed a motion seeking leave for an extension of time to appeal. The motion was considered by the Court of Appeal, which evaluated the circumstances surrounding the delay and the applicant's reasons for not filing on time.

5. Analysis:
- Rules: The court relied on the principles established in Leo Sila Mutiso v. Rose Wangari Mwangi [1999] 2 EA 233, which outlines that the decision to extend time for appealing is discretionary. Key factors include the length of the delay, the reasons for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondent.
- Case Law: The court referenced the Mutiso case, which emphasized that extensions of time should be granted where the delay is adequately explained and where justice requires it. The court also noted the impact of the COVID-19 pandemic on court operations, which contributed to the applicant's difficulties.
- Application: The court assessed the applicant's situation, acknowledging the attempts made by the applicant's lawyers to obtain the judgment and the challenges posed by the pandemic. The court concluded that the delay was sufficiently explained and that the applicant should have the opportunity to challenge the High Court's findings on appeal.

6. Conclusion:
The Court of Appeal granted the motion for an extension of time, allowing the applicant to file a Notice of Appeal within 14 days. The court emphasized the importance of providing the applicant with the opportunity to appeal given the substantial financial implications of the High Court's judgment.

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

8. Summary:
The Court of Appeal ruled in favor of Ann Wanja, granting her an extension of time to file an appeal against the High Court's judgment. This decision highlights the court's willingness to accommodate procedural challenges arising from external circumstances, such as the COVID-19 pandemic, and underscores the importance of access to justice in civil matters.

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