Shajanand Holdings Limited v Atieno (Suing as the Administrator of the Estate of Alai Okulo alias Alayi Okulo) & another (Environment and Land Miscellaneous Application E026 of 2025) [2025] KEELC 4567 (KLR)
The bottom line
#A Kenyan court allowed an appeal filed late because the party never got notice of the judgment, confirming courts will extend time when delay is genuinely explained.
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 had good and sufficient cause for not filing the appeal within the statutory period
- 2.Whether leave to appeal out of time should be granted
Key legal issues
#Whether sufficient cause was shown to enlarge time for filing the appeal under section 79G of the Civil Procedure Act
The court found sufficient explanation given: the applicant only learned of the judgment when a cheque in settlement of the decretal sum was forwarded to its advocate, and the application was unopposed with no demonstrated prejudice.
The proviso to section 79G permits admission of an out-of-time appeal on demonstration of good and sufficient cause. The court applied the accepted factors: explanation for the delay, arguability of the intended appeal, and prejudice/compensation to the respondent. Judgment was delivered without notice to the applicant, who learned of it only on receipt of a settlement cheque, after the statutory period had lapsed. The application being unopposed, no prejudice to the respondent was demonstrated.
Legal principles established
#- An appeal may be admitted out of time if the appellant shows good and sufficient cause for the delay.
- The court considers the explanation for delay, the merits/arguability of the appeal, and compensation of the respondent in costs for any prejudice.
Court orders
#- 1.Leave granted to the applicant to file appeal against the judgment in Kisumu CMC ELC Case No. E026 of 2024 out of time
- 2.The appeal to be filed within 14 days
- 3.No orders as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Chief Magistrate's Court, Kisumu (Environment and Land)
- Kisumu CM ELC Case No. E026 of 2024
- Jurisdiction invoked
- Section 79G of the Civil Procedure Act; Order 50 Rule 6 and Order 51 Rule 1 of the Civil Procedure Rules, 2010
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.
Leave is hereby granted to the applicant to file appeal against the judgement in Kisumu CMC ELC Case No. E026 of 2024 out of time.
The appeal be filed within 14 days hereof.
The law allows the court to enlarge time for filing appeal where suficient cause for the delay is demonstrated.
Issues in the judgment
#The applicant and respondent are not named anywhere in the ruling; the brief identifies them only by role.
The ruling inconsistently cites the lower court case number as 'Kisumu CM ELC Case No. E026 of 2024' and 'Kisumu CMC ELC NO.026 of 2024'/'Kisumu CMC ELC Case No. E026 of 2024'.
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Shajanand Holdings Limited v Atieno (Suing as the Administrator of the Estate of Alai Okulo alias Alayi Okulo) & another (Environment and Land Miscellaneous Application E026 of 2025) [2025] KEELC 4567 (KLR)", Case Analysis (2025). Not stated in judgment (arising from Kisumu CM ELC Case No. E026 of 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4567/eng@2025-06-17
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.