1. This is the first appeal against the judgment of the Small Claims Court delivered on 19th July 2022 finding the Appellant fully liable for causing an accident involving the Respondent’s motor vehicle and awarding him Kshs. 513,881.99 comprising repair costs and assessment fees together with interest and costs.
2. A party aggrieved by a decision or an order of the Small Claims court has a right of appeal to the High Court on matters of law under section 30 of the Small Claims Court Act, 2016. The procedure aspects of the appeal are governed by the Civil Procedure Act (Chapter 21 of the Laws of Kenya) which at section 79G provides that the time for filing an appeal from the judgment of the Subordinate Court to the High Court is 30 days.
3. In this case, the judgment challenged was rendered on 19th July 2022 hence the appeal ought to have been filed on 20th August 2022 latest. This appeal was filed on 30th September 2023 outside the time provided and without leave of the court. I have read and re-read the record of appeal for that time excludes the, “period any time which the lower court may certify as having been requisite for the preparation and delivery to the appellant of a copy of the decree or order.”
4. The appeal is therefore incompetent. The court lacks jurisdiction to consider it. It is struck out with costs to the Respondent assessed at Kshs. 25,000.00.
SIGNED AT NAIROBI
D. S. MAJANJA
JUDGE
DATED and DELIVERED at NAIROBI this 7th day of JULY 2023.
F. MUGAMBI
JUDGE