Lenjo & another (Legal representatives of Estate of Edward Lenjo Musamuli - Deceased) v Isangawishi Group Ranch (Civil Application E039 of 2024) [2026] KECA 56 (KLR)
The bottom line
#Kenya's Court of Appeal confirmed that a notice of appeal left unprosecuted for 60 days is deemed withdrawn, ending the other side's stalled appeal.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Notice of Appeal dated 9th August 2021 and lodged on 13th August 2021 ought to be deemed as having been withdrawn
Key legal issues
#Whether a notice of appeal not followed by institution of the appeal within 60 days should be deemed withdrawn under rule 84(1) and rule 85(1) of the Court of Appeal Rules, 2022
Yes. The respondent filed a notice of appeal on 13th August 2021 but took no steps to prosecute the appeal for almost three years; the notice was therefore deemed withdrawn.
Rule 84(1) requires an appeal to be instituted within 60 days of the notice of appeal; rule 85(1) provides the deeming consequence of default. The Court reaffirmed prior authority explaining the rule as an inbuilt case-management measure designed to rid the registry of speculative notices of appeal and to prevent litigants from parking notices at the appeal gate to enjoy interim relief indefinitely. The deeming order serves the overriding objective of expeditious, proportionate and cost-effective justice under Sections 3A and 3B of the Appellate Jurisdiction Act.
Legal principles established
#- Under Rule 84(1) read with Rule 85(1) of the Court of Appeal Rules, 2022, a party who fails to institute an appeal within 60 days of lodging a notice of appeal is deemed to have withdrawn the notice, and the Court may make the deeming order on its own motion or on application.
Court orders
#- 1.The Notice of Appeal dated 9th August 2021 and lodged on 13th August 2021 in Succession Cause No. 50 of 2015 is deemed as withdrawn
- 2.The applicants' Notice of Motion dated 2nd April 2024 is allowed as prayed
- 3.Costs of the application awarded to the applicants
The bench
#One judgment of the whole court — no separate or dissenting opinions.
- On appeal from
- High Court of Kenya at Voi
- Succession Cause No. 50 of 2015
- Jurisdiction invoked
- Appellate Jurisdiction Act, Cap 9 (Sections 3A and 3B) and the Court of Appeal Rules, 2022, Rules 83, 84(1) and 85(1)
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.
Rule 84(1) cures the eventuality of a party who abandons his intention to appeal by not formally filing a notice of withdrawal under rule 83(1).
It serves no purpose to keep a notice of appeal on record while a party has not demonstrated any intention whatsoever of prosecuting the intended appeal.
In view of the foregoing, it follows that this is a fit and proper case to deem the Notice of Appeal dated 9th August 2021 as withdrawn in accordance with rule 84(1) of this Court's Rules. Accordingly, the applicants' Notice of Motion dated 2nd April 2024 is hereby allowed as prayed with costs to the applicants.
Issues in the judgment
#The bench listing in the coram gives only 'JUDGE OF APPEAL' ranks but Dr. K. I. Laibuta's name appears with post-nominals (CArb, FCIArb.) which have been excluded from the name field.
No neutral citation is printed on the judgment text provided.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lenjo & another (Legal representatives of Estate of Edward Lenjo Musamuli - Deceased) v Isangawishi Group Ranch (Civil Application E039 of 2024) [2026] KECA 56 (KLR)", Case Analysis (2026). Notice of Motion dated 2nd April 2024 (Court of Appeal, Mombasa). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/56/eng@2026-01-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.