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Court of AppealOtherCivil Appeal (Application) No. E403 of 2022· [2026] KECA 1909 (KLR)
Bamoja Construction Co. Limited v Auriel Marie Joy Kimemia & 7 others
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·~1 min to read original · ~4 min briefThe 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
#This was a single-judge (in chambers) application in the Court of Appeal at Nairobi by Bamoja Construction Co. Limited, the applicant, seeking extension of time to lodge a notice of appeal against the judgment and decree of Okong'o J. of the Environment and Land Court at Nairobi delivered on 4th August 2022 in E.L.C. Case No. 351 of 2008. The application, dated 24th October 2022, was brought under rules 4, 41 and 42 of the Court of Appeal Rules 2022 and also sought that the draft notice of appeal be deemed duly filed upon payment of the requisite court fees, with costs in the cause. The 1st respondent opposed the application through a replying affidavit sworn on 9th December 2022. Before the application could be determined on its merits, the applicant filed a notice of withdrawal dated 7th July 2023 pursuant to rules 70 and 83 of the Court of Appeal Rules, seeking to withdraw both the application dated 24th October 2022 and the intended appeal in their entirety. Lesiit J.A. accordingly marked the motion dated 24th October 2022 as withdrawn under rule 54 of the Court of Appeal Rules, with no orders on costs, meaning each party bears its own costs. The judgment of the Environment and Land Court was not disturbed, and no substantive ruling was made on the extension-of-time prayer. The decision establishes no binding precedent; it is a procedural disposition following withdrawal.
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#- 1.The motion dated 24th October 2022 is marked as withdrawn under rule 54 of the Court of Appeal Rules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
- 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)
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.