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Court of AppealDismissedCivil Application E108 of 2025· [2025] KECA 2200 (KLR)

Moindi t/a Sinende Wholesalers v Trans National Bank Limited & another

Court of Appeal
10 December 2025
Mohamed Abdulahi WarsameMA WarsameJMJM MativoPGPM Gachoka
1,869 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Court of Appeal dismissed a businessman's bid to stop an auction because his notice of appeal was invalid, so the court had no jurisdiction to help him.

What this practically means

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Executive summary

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This is a Rule 5(2)(b) application by John Chepkoros Moindi t/a Sinende Wholesalers seeking a temporary injunction and stay of execution of a consent judgment of 8th March 2019 adopted in HCCC No. 12 of 2018 (Narok), pending an intended appeal (COACA/E168/2025) against a ruling of Kariuki, J. dated 26th June 2025 striking out his application to set aside the consent order on res judicata grounds, following Majanja, J.'s earlier striking out of a similar application in HCCCOMM E064/2023. The applicant argued the appeal was arguable, raising res judicata, the invalidity of the consent order, and Article 48 and 50(1) violations, and that the scheduled auction of his properties without Section 90 Land Act statutory notices would render the appeal nugatory. The 1st respondent objected that no valid notice of appeal had been served within seven days as required by Rule 79, that leave to serve out of time was still pending, and that damages would suffice. The Court, per Warsame, Mativo and Gachoka, JJA, held that its jurisdiction is invoked only by a valid notice of appeal; counsel admitted service on a wrong email address, and with the extension application still pending, no valid notice existed. The application was therefore incompetent and was dismissed with costs to the 1st respondent. Reasons were reserved under Rule 34(7) following dismissal on 3rd December 2025.

Key legal issues

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01

Whether a valid notice of appeal is required to invoke the Court's jurisdiction under Rule 5(2)(b)

Holding

Yes; the application was incompetent because the notice of appeal was served on a wrong email address outside the 7-day period under Rule 79, and leave to serve it out of time was still pending

Reasoning

The Court held that its jurisdiction is invoked by filing a valid notice of appeal. Counsel admitted service on a wrong email address, breaching Rule 79. Since an application for leave to serve the notice out of time was still pending, no valid notice existed, so the motion stood on quick sand and had to be dismissed.

Legal principles established

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  • A valid notice of appeal is a prerequisite to the Court of Appeal's jurisdiction; an invalid notice cannot confer jurisdiction
  • Jurisdiction either exists or it does not; it cannot be conferred by consent or acquiescence of the parties

Court orders

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  1. 1.The motion dated 23rd October 2025 is dismissed with costs to the 1st respondent
On appeal from
High Court of Kenya at Narok
HCCC No. 12 of 2018
Jurisdiction invoked
Rule 5(2)(b) of the Court of Appeal Rules, 2022

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, "Moindi t/a Sinende Wholesalers v Trans National Bank Limited & another", Case Analysis (2025). Civil Application E108 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2200/eng@2025-12-10

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