RAYMOND OBED KITILYA VS. THE COMMISSIONER FOR LANDS MINISTRY OF LANDS, HOUSING AND HUMAN SETTLEMENT AND 2 OTHERS. CIVIL APPEAL NO. 85 OF 2016.

Abstract

Held; 1. It is now settled that the time limit within which to serve letters requesting documents from the Registrar is thirty days (30) from the date of lodging notice of appeal as intimated under Rule 90(1) of the Court of Appeal Rules, 2009.

2. We have on several occasions held that failure to copy and serve upon the respondent the written request for a copy of the proceedings disentitles the appellant from relying upon the exemption under Rule 90(3) and that any certificate of delay purportedly issued to grant an exemption in the circumstances would be invalid. The Court reinstated the position stated in the case of D.P. Valambhia v. Transport Equipment Ltd [1992] TLR 246.

3. Issue of time limitation touches on the jurisdiction of the Court and the Court cannot entertain a time barred appeal as the same is not served by the overriding objective for non- compliance of mandatory procedure of lodging an appeal.