County Government of Mombasa v Shazmeer Enterprises Ltd (Civil Application E092 of 2024) [2025] KECA 1539 (KLR)
The bottom line
#The Court of Appeal dismissed Mombasa County's late-appeal request because its notice of appeal had already been struck out, leaving nothing for the court to decide.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.whether this court has jurisdiction to hear this application
- 2.if so, whether time should be extended to file and serve the notice of appeal dated 5th June 2024 or to deem the notice as duly filed and served
Key legal issues
#Jurisdiction to entertain an extension-of-time application where the notice of appeal has been struck out
Once the notice of appeal is struck out, there is no appeal before the court and the pending extension application is overtaken by events; the court lacks jurisdiction to hear it.
The applicant filed its notice of appeal two days late and sought extension by the present motion. In the interim, the respondent's earlier motion to strike out the notice of appeal was allowed on 19th March 2025. With the notice of appeal struck out, the extension application, which was founded on that notice, had no basis on which to stand, so the court could take no further step.
Legal principles established
#- Where the notice of appeal on which an extension-of-time application is founded has been struck out, the application is overtaken by events and the court lacks jurisdiction to grant the extension.
Court orders
#- 1.The notice of motion dated 31st July 2024 is dismissed
- 2.Costs of the application awarded to the respondent
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Environment and Land Court (High Court), Mombasa
- Mombasa ELC Constitutional Petition E007 of 2021 - Shazmeer Enterprises Limited vs County Government of Mombasa
- Jurisdiction invoked
- Sections 3, 3A and 3B of the Appellate Jurisdiction Act, Cap 9 and rule 4 of the Court of Appeal Rules, 2022
Relief refused
#Leave to file appeal out of time / deeming of the notice of appeal filed 5th June 2024 as properly on record
The notice of appeal had already been struck out by the court on 19th March 2025 in Civil Application No. E067 of 2024, leaving the extension application overtaken by events and depriving the court of jurisdiction
Costs
Costs of the application to the respondent ("the notice of motion dated 31st July 2024, be and is hereby dismissed with costs to the respondent.")
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
Jurisdiction is everything. Without it, a court has no power to make one more step.
Consequently, this court lacks jurisdiction to hear and determine this application, given that the notice of appeal dated 5th June 2024 was struck out.
In sum, the notice of motion dated 31st July 2024, be and is hereby dismissed with costs to the respondent.
the applicant’s instant notice of motion that was filed on 31st July 2024, and founded on the notice of appeal dated 5th June 2024, no longer had a basis on which to stand
Issues in the judgment
#Date of the applicant's notice of motion is stated inconsistently as 30th July 2024 and 31st July 2024
The panel listing shows a single Judge of Appeal, A. K. Murgor, deciding the application
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "County Government of Mombasa v Shazmeer Enterprises Ltd (Civil Application E092 of 2024) [2025] KECA 1539 (KLR)", Case Analysis (2025). Civil Application (as stated in the judgment; motion dated 31st July 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1539/eng@2025-10-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.