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Court of AppealDismissedCivil Application No. E025 of 2026 (formerly KSM Civil Application No. E074 of 2026)

Indirajet Vaghela T/A Shiv Bookshop v Raihan Amirali Kassam

Court of Appeal
17 July 2026
827 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~3 min to read original · ~4 min brief

The bottom line

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The Court of Appeal refused to forgive an 18-month delay in filing an appeal because the applicant gave no real reasons or evidence.

What this practically means

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Executive summary

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This is a single-judge ruling of the Court of Appeal at Kakamega (Nyamweya JA) on a Notice of Motion dated 30th March 2026 by Indirajet Vaghela T/A Shiv Bookshop seeking extension of time to file and serve a notice of appeal out of time against the judgment of the Environment and Land Court at Bungoma (E.C. Cherono J) in Bungoma ELC Appeal No. 20 of 2023. The respondent opposed, arguing an approximately 18-month inordinate and inexcusable delay, forum shopping through multiple parallel proceedings, and grave prejudice as he had been unable to realize the fruits of the judgment. The court applied Rule 4 of the Court of Appeal Rules, 2022, as explained in Leo Sila Mutiso v Rose Hellen Wangare Mwangi and the Supreme Court's principles in Nicholas Kiptoo Arap Korir Salat v IEBC. Finding that the applicant gave no reasons or evidence for the delay beyond bare assertions that it was excusable, and filed no submissions on the prayer, the court held that sufficient cause had not been demonstrated and that the 18-month delay was inordinate. The prayer for leave was dismissed with costs to the respondent. The decision is binding on the Environment and Land Court and subordinate courts within the station's jurisdiction as a statement of the Salat extension-of-time principles, though as a discretionary interlocutory ruling its principal value is persuasive guidance on the burden an applicant must discharge.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the applicant has demonstrated sufficient cause to warrant extension of time to file and serve a notice of appeal out of time

Key legal issues

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01

Whether sufficient cause was shown for the delay in filing the notice of appeal

Holding

The application was dismissed because no reasons or evidence for the 18-month delay were provided and no submissions were filed on the prayer.

Reasoning

Applying the Salat principles, the court found the applicant merely asserted the delay was excusable without any basis or evidence, and filed no submissions on the extension prayer. The 18-month delay in filing the application was inordinate, and the applicant failed to discharge the burden of laying a basis to the satisfaction of the court.

p. 4

Legal principles established

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  • Extension of time is an equitable remedy available only to a deserving party at the discretion of the court, and the applicant bears the burden of explaining the delay to the court's satisfaction.

Court orders

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  1. 1.The prayer for leave to file a Notice of Appeal out of time in the application dated 30th March 2026 is dismissed
  2. 2.Costs of the application to the respondent

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

On appeal from
Environment and Land Court at Bungoma
Bungoma ELC Appeal No. 20 of 2023
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules, 2022

Relief refused

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Extension of time to file and serve a notice of appeal out of time

No reasons or evidence for the 18-month delay were given; delay was inordinate

p. 6

Costs

Costs of the application to the respondent

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

I am therefore not persuaded that sufficient cause has been demonstrated by the applicant for the delay in filing the Notice of Appeal and the instant application for leave, and the delay of 18 months in filing the instant application was inordinate in the circumstances.
p. 6Sufficient cause for delay
Consequently, I decline to grant the prayer for leave to file a Notice of Appeal out of time. The result is that the said prayer in the application dated 30th March 2026 is dismissed, with costs to the respondent.
p. 6Final orders
Extension of time is not a right of a party. It is an equitable remedy that is only available to a deserving party at the discretion of the Court
p. 4Nature of extension of time

Issues in the judgment

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material

Conflicting dates for the ELC judgment

material

Application dated 30th March 2026 predates the stated judgment date of 11th October 2026

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Indirajet Vaghela T/A Shiv Bookshop v Raihan Amirali Kassam", Case Analysis (2026). Civil Application No. E025 of 2026 (formerly KSM Civil Application No. E074 of 2026). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/2064/eng@2026-07-17

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.