Bamoja Construction Co. Limited v Auriel Marie Joy Kimemia & 7 others
The bottom line
#Bamoja Construction abandoned its bid to appeal a 2022 land ruling, so the Environment and Land Court's judgment stands untouched.
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 extension of time to lodge a notice of appeal against the judgment of Okong'o J. delivered on 4th August 2022
- 2.Whether the draft notice of appeal should be deemed as duly filed upon payment of requisite Court fees
Key legal issues
#Legal principles established
#Court orders
#- 1.The motion dated 24th October 2022 is marked as withdrawn under rule 54 of the Court of Appeal Rules
- 2.No orders on costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Environment and Land Court at Nairobi
- E.L.C. Case No. 351 of 2008
- Jurisdiction invoked
- Rules 4, 41 & 42 of the Court of Appeal Rules 2022 (application for extension of time)
Relief refused
#Extension of time to lodge notice of appeal and deeming of the draft notice of appeal as filed
The applicant withdrew the application and the intended appeal in their entirety, so the relief was not determined on the merits
Costs
No orders on costs - each party to bear their own costs
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.
In the premises, the motion dated 24 th October, 2022 is marked as withdrawn under rule 54 of the Court of Appeal Rules with no orders on costs.
Issues in the judgment
#Judgment dated 25th September 2026, over three years after the application was filed in 2022 - unusually long delay
Page numbering anomaly - final page marked 'Page 3 of 2'
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Bamoja Construction Co. Limited v Auriel Marie Joy Kimemia & 7 others", Case Analysis (2026). Civil Appeal (Application) No. E403 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1909/eng@2026-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.