Varinder Sur v Wali Mohamed Altaf Jiwa [2020] eKLR Case Summary

Court
High Court of Kenya at Mombasa
Category
Civil
Judge(s)
D. O. Chepkwony
Judgment Date
October 27, 2020
Country
Kenya
Document Type
PDF
Number of Pages
2

Case Brief: Varinder Sur v Wali Mohamed Altaf Jiwa [2020] eKLR


1. Case Information:
- Name of the Case: Dr. Varinder Sur v. Wali Mohamed Altaf Jiwa
- Case Number: Civil Appeal No. 95 of 2020
- Court: High Court of Kenya at Mombasa
- Date Delivered: 27th October 2020
- Category of Law: Civil
- Judge(s): D. O. Chepkwony
- Country: Kenya

2. Questions Presented:
The central legal issue presented to the court was whether the Applicant, Dr. Varinder Sur, had demonstrated sufficient grounds to warrant an extension of time to file his appeal against the judgment delivered on 5th June 2020, which he claimed was not communicated to him in a timely manner.

3. Facts of the Case:
The Applicant, Dr. Varinder Sur, filed an application seeking leave to appeal out of time due to the judgment delivered on 5th June 2020. The Applicant claimed that he was unaware of the judgment until he received a letter from the Respondent's advocate on 8th June 2020. The delays were attributed to the disruptions caused by the COVID-19 pandemic, which affected court operations. The Respondent, Wali Mohamed Altaf Jiwa, opposed the application, asserting that the Applicant's advocate was present when the judgment was delivered and had received notice shortly thereafter.

4. Procedural History:
The case began with the delivery of the judgment on 5th June 2020. The Applicant's advocate filed an application on 24th July 2020 for leave to appeal out of time. The Respondent filed a Replying Affidavit contesting the claims made by the Applicant. The court considered both parties' affidavits and set a date for ruling.

5. Analysis:
- Rules: The court considered Section 79G of the Civil Procedure Act, which stipulates that an appeal must be filed within 30 days of the judgment delivery.
- Case Law: The court did not cite specific case law but referenced the general principles regarding extensions of time for filing appeals, particularly in light of extenuating circumstances such as those presented by the COVID-19 pandemic.
- Application: The court analyzed the timelines, noting that the judgment was delivered on 5th June 2020, and the appeal was filed on 24th July 2020, 19 days late. The court acknowledged the challenges posed by the pandemic and the lack of communication regarding the judgment date, which contributed to the delay. Given these circumstances, the court found the delay to be reasonable and granted the extension.

6. Conclusion:
The court ruled in favor of the Applicant, allowing the extension of time to file the appeal. This decision underscores the court's recognition of the extraordinary circumstances caused by the COVID-19 pandemic and the importance of ensuring access to justice.

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

8. Summary:
The High Court of Kenya at Mombasa granted Dr. Varinder Sur an extension of time to file his appeal against the judgment delivered on 5th June 2020. This ruling emphasizes the court's consideration of the impacts of the COVID-19 pandemic on judicial processes and the necessity of accommodating such exceptional circumstances in the administration of justice.

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