Springboard Capital Limited v Josphat Kihia Ngugi & 3 others [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
3

Case Brief: Springboard Capital Limited v Josphat Kihia Ngugi & 3 others [2020] eKLR

1. Case Information:
- Name of the Case: Springboard Capital Limited v. Josphat Kihia Ngugi & Others
- Case Number: Civil Appeal (Application) No. 286 of 2018
- 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 issues the court must resolve include whether to grant Springboard Capital Limited an extension of time to file and serve the Record of Appeal out of time and whether the intended appeal is competent.

3. Facts of the Case:
The appellant, Springboard Capital Limited, sought to appeal a ruling made by the Environment and Land Court of Kenya at Thika, presided over by Justice L. Gacheru, on 27th April 2018. The ruling in question involved an application that restrained the appellant and the other respondents from trespassing upon, selling, transferring, or interfering with a parcel of land known as Title No. Karai/Gikambura/1412 pending the hearing of the suit. The appellant claimed dissatisfaction with the ruling and indicated an intention to appeal, citing delays in receiving the court's proceedings as a reason for the delay in filing the Record of Appeal.

4. Procedural History:
The case progressed through the court system as follows: The appellant filed a Motion under Rule 4 of the Court's rules seeking an extension of time to file the Record of Appeal, citing delays in receiving the lower court's proceedings. The Motion was filed on 20th August 2018, approximately four months after the ruling. The respondents contended that while the Notice of Appeal was filed timely, it was not served within the required period, rendering the intended appeal incompetent. The court considered the submissions from both the appellant and the respondents.

5. Analysis:
- Rules: The court considered the principles from the case of *Leo Sila Mutiso v. Rose Wangari Mwangi [1999] 2 EA 233*, which outline the discretionary nature of extending time for appeals. Key considerations include the length of the delay, reasons for the delay, chances of appeal success, and potential prejudice to the respondent.
- Case Law: The *Mutiso* case established the framework for determining whether an extension of time should be granted. The principles set forth in this case were applicable as the court assessed the merits of the appellant's request for an extension.
- Application: The court found that the appellant had not exhibited inordinate delay in filing the Motion, as the ruling was issued on 27th April 2018, and the Motion was filed on 20th August 2018, after receiving the proceedings on 7th August 2018. The court determined that the intended appeal was arguable and that the respondents could challenge its competency according to the rules.

6. Conclusion:
The Court of Appeal granted the appellant's Motion for an extension of time to file and serve the Record of Appeal, allowing the appellant to serve the notice of appeal within seven days and file the Record of Appeal within thirty days thereafter. The decision emphasized the court's discretion in such matters and the importance of ensuring that parties have the opportunity to pursue their appeals.

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

8. Summary:
The Court of Appeal's ruling in *Springboard Capital Limited v. Josphat Kihia Ngugi & Others* allowed the appellant to extend the time for filing the Record of Appeal, thereby facilitating access to the appellate process. This decision underscores the court's commitment to ensuring that parties are not unduly hindered from pursuing their legal rights due to procedural delays, reinforcing the principle of fairness in civil litigation.

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