Big Tree Farm Limited v Mary Angola Rono & 4 others
The bottom line
#Kenya's Court of Appeal let an elderly landowner appeal ten months late because her lawyer had been struck off the roll, confirming delay alone doesn't kill appeals.
What this practically means
#Executive summary
#Key legal issues
#Extension of time under rule 4
Application allowed; the 10-month delay was explained by the advocate's striking off and the applicant's personal circumstances.
The court applied the settled Salat and Fakir Mohamed principles: period and reason for delay, arguability of the appeal, prejudice, and public interest. Delay alone is not decisive where a credible explanation exists. The striking off of the former advocate was beyond the applicant's control, and the draft memorandum raised substantial legal questions on constructive trust and proprietary estoppel warranting appellate consideration.
Effect of a former advocate being struck off the roll
Circumstance beyond the applicant's control constituting reasonable explanation for delay.
The annexed search result proved the striking off; it was reasonable to infer the advocate could not continue representing the client or file appeals, and communication may have been impossible. The applicant, an elderly litigant of limited legal understanding, also faced difficulty securing new counsel.
Legal principles established
#- An application for extension of time is not a right; the applicant must demonstrate sufficient cause, and delay alone does not warrant dismissal where a reasonable explanation exists.
- A litigant cannot be faulted for the conduct or unavailability of an advocate struck off the roll.
Court orders
#- 1.Extension of time granted to file the notice of appeal and record of appeal out of time against the judgment of the Environment and Land Court delivered on 23rd December 2024
- 2.No orders as to costs
- On appeal from
- Environment and Land Court
- Not stated
- Jurisdiction invoked
- Inherent discretion under rule 4 of the Court of Appeal Rules (extension of time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Big Tree Farm Limited v Mary Angola Rono & 4 others", Case Analysis (2026). Not stated in judgment (application dated 3rd November 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/13/eng@2026-01-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.