Quandji v Bank of India & 2 others (Civil Application E284 of 2025) [2026] KECA 131 (KLR)
The bottom line
#Kenya's Court of Appeal allowed a very late appeal because the delay was explained and the other side showed no prejudice.
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 applicant should be granted leave to file a notice of appeal and appeal out of time under Rule 4 of the Court of Appeal Rules
Key legal issues
#Whether the prolonged delay in filing the notice of appeal should be excused
The delay, though prolonged, was excused because it was explained by the inaction of past advocates and the applicant's illness, the application was unopposed, and no prejudice to the respondents was shown.
The court applied the established Rule 4 factors from Leo Sila Mutiso v Rose Hellen Wangari Mwangi. The delay was attributed to former advocates' inaction compounded by the Covid-19 closure of their offices, and to the applicant's severe illness requiring him to return to Cameroon. Medical reports corroborated the illness. The respondents neither opposed nor filed submissions, so no prejudice was proved or alleged, and the court excused the lengthy delay.
Legal principles established
#- A single judge considering a Rule 4 extension-of-time application is guided by four considerations: the length of the delay, the reasons for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondent.
Court orders
#- 1.The notice of motion dated 16th October 2024 is allowed with no order as to costs
- 2.The notice of appeal shall be filed and served within fourteen (14) days of the order
- 3.The record of appeal shall be filed within forty-five (45) days thereafter
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- High Court of Kenya
- null
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules
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.
They are: the length of the delay; the reasons for the delay; (possibly) the chances of the appeal succeeding if the application is granted; and the degree of prejudice to the respondent if the application is granted.
For this reason, the Court will excuse the lengthy delay.
The notice of motion of 16th October 2024 is hereby allowed with no order as to costs. The notice of appeal shall be filed and served within fourteen (14) days of this order and thereafter, the record of appeal within forty-five (45) days.
Issues in the judgment
#The judgment refers to 'the respondents' and 'the submission filed on behalf of the applicant' but the respondents are never named in the judgment.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Quandji v Bank of India & 2 others (Civil Application E284 of 2025) [2026] KECA 131 (KLR)", Case Analysis (2026). Notice of Motion dated 16th October 2024 (Court of Appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/131/eng@2026-01-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.