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Court of AppealDismissedCivil Appeal (Application) E217 of 2025

Mahadi Investments Ltd v Kenya Railways Corporation & another (Civil Application E217 of 2025) [2025] KECA 2024 (KLR)

Court of Appeal
28 November 2025
1,142 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~5 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal refused to reinstate a dismissed case because the applicant blamed the court instead of admitting its own failure to update its email address.

What this practically means

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Executive summary

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This is a ruling of the Court of Appeal at Nairobi (M'Inoti, Ngugi & Odunga, JJA) delivered on 28th November 2025, dismissing the applicant's notice of motion dated 16th June 2025 seeking reinstatement of an application dated 28th March 2025. The earlier application, which sought an injunction restraining the respondents from interfering with LR No. 209 1064 1, 2 & 3 on Valley Road, Nairobi pending an appeal from the Environment & Land Court (Mboya, J.) ruling of 20th December 2024, was dismissed on 19th May 2025 for non-appearance, only the respondents' counsel attending. The applicant's reinstatement application was filed within the 30-day window in rule 58(4), satisfying the first hurdle. On the second hurdle – sufficient cause under rule 58(3) – the applicant's counsel swore that no hearing notice was served and that the notice was sent to the wrong email address, the firm having rebranded and changed its email. The Court found on the record that the hearing notice was served on 12th May 2025 on the very email address the advocates had provided, that the notice showed no delivery failure, and that the applicant's failure to update its email address, as rule 18 of the Court of Appeal Rules requires, was its own omission. The Court held that candour in admitting fault would have earned sympathy, but the applicant instead made a deliberate, belated attempt to shift blame to a blameless Registry. The application was dismissed with costs to the 1st respondent.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the application for reinstatement was made within the 30-day period prescribed by rule 58(4) of the Court of Appeal Rules
  2. 2.Whether the applicant demonstrated sufficient cause for its non-appearance when the application dated 28th March 2025 was called out for hearing on 19th May 2025

Key legal issues

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01

Whether failure to receive a hearing notice dispatched to the email address the party itself provided to the Court constitutes sufficient cause for non-appearance

Holding

No. Service of the hearing notice on the email address the advocates had given the Court is valid service; the applicant's claim that the notice went to a wrong email address was false, and its failure to update its email under rule 18 was its own omission, not the Registry's fault.

Reasoning

The record showed the hearing notice was served on 12th May 2025 on the email address the applicant's advocates had provided. The notice bore no delivery-failure alert. The applicant did not deny the address was theirs, having simply rebranded and discarded it without notifying the Court or the other parties as rule 18 obliges. Blaming the Registry, which was blameless, without candour, disentitled the applicant to the indulgence of reinstatement.

p. 3
02

The two-hurdle test for reinstatement of an application dismissed for want of appearance

Holding

The applicant satisfied the first hurdle (timeliness under rule 58(4)) but failed the second (sufficient cause under rule 58(3)), so reinstatement was refused.

Reasoning

Rule 58(3) obliges an applicant for reinstatement to show sufficient cause for non-appearance. The Court articulated sufficient cause as an explanation of adequate quality or value justifying setting aside dismissal, assessed case by case. The applicant's explanation, that the Registry sent the hearing notice to the wrong email, was contradicted by the record and reflected the applicant's own breach of rule 18 in failing to notify a change of email address.

p. 2

Legal principles established

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  • To set aside an order of dismissal for non-appearance under rule 58, an applicant must, first, apply within 30 days of the dismissal and, secondly, present sufficient cause for the failure to attend.
  • Sufficient cause under rule 58(3) means an explanation adequate in law justifying setting aside the dismissal; what suffices depends on the circumstances of each case.
  • A party seeking indulgence from the Court must be candid; candour in admitting fault weighs in favour of reinstatement, while attempts to shift blame to the Registry count against the applicant.

Court orders

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  1. 1.The notice of motion dated 16th June 2025 seeking reinstatement is dismissed
  2. 2.Costs of the application awarded to the 1st respondent

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority
majority
majority
On appeal from
Environment & Land Court
Jurisdiction invoked
Rule 58 of the Court of Appeal Rules (application for reinstatement of an application dismissed for non-appearance)

Relief refused

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Reinstatement of the application dated 28th March 2025 dismissed for non-appearance on 19th May 2025

The applicant failed to show sufficient cause; the hearing notice was served on the advocates' own registered email address and the applicant attempted, without candour, to shift blame to the Court Registry

p. 3

Costs

The notice of motion dated 16th June 2025 is dismissed with costs to the 1st respondent.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

To set aside an order for dismissal, the applicant must jump two hurdles. The first is to make the application within 30 days from the date of the order of dismissal.
p. 2Reinstatement – procedural prerequisites
suficient cause connotes an explanation of such quality or value as would justify setting aside the order of dismissal; a reason that is adequate in law
p. 2Meaning of sufficient cause under rule 58(3)
It is, therefore, misleading to allege that the Court did not dispatch the hearing notice, or that it sent it to the wrong email address.
p. 3Service on party's registered email address is valid
The upshot is that the applicant has not presented suficient cause why the Court should set aside the order of dismissal dated 19th May 2025. The notice of motion dated 16th June 2025 is hereby dismissed with costs to the 1st respondent.
p. 3Final orders – dismissal of reinstatement application with costs

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Mahadi Investments Ltd v Kenya Railways Corporation & another (Civil Application E217 of 2025) [2025] KECA 2024 (KLR)", Case Analysis (2025). Civil Appeal (Application) E217 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2024/eng@2025-11-28

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.