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ELCAllowedNot stated in the judgment

Amuguni & another (Suing as the legal representatives of the Estate of Joshua Amaguni Lugia - Deceased) v Kenyani & another (Environment and Land Appeal E012 of 2025) [2026] KEELC 188 (KLR)

Environment and Land Court
22 January 2026
478 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

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A Kenyan land court allowed an extension of time to appeal a boundary decision, but the appeal must be filed within 14 days or the permission expires.

What this practically means

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Executive summary

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The applicants, by a notice of motion dated 24th November 2025 filed through Eredi Mulama and Company Advocates, sought leave to file an appeal out of time against a decision of the Registrar of Lands delivered on 14th February 2025 in a boundary dispute concerning parcels NANDI/KAPKANGANI/577 and 922 versus 582, 143 and 198. They further sought that the annexed Notice of Appeal be deemed duly filed and served, and that costs be in the cause. The grounds were that the statutory period for appeal had elapsed; that the delay was occasioned by the prolonged illness and subsequent death of Mr. Henry Amena Amuguni, a beneficiary of the estate of the late Joshua Amaguni Lugiha; and that the delay was neither inordinate nor deliberate and no prejudice would be suffered by the respondents. Though duly served, as evidenced by an affidavit of service sworn on 14th January 2026 by process server Eric Mulandi, the respondents did not respond. Counsel Eredi prayed for the orders in their entirety. Relying on Ogada v Mollin on unopposed applications, Nicholas Kiptoo Arap Korir Salat v IEBC & 7 others on extension-of-time parameters, and Butt v Rent Restriction Tribunal on the undoubted right of appeal, the court found the application uncontroverted, firm and meritorious. It allowed the application in terms of prayers (a), (b) and (c), directing that the substantive appeal be filed and served within fourteen days, failing which the orders would lapse automatically.

Questions the Court framed

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

  1. 1.Whether there is merit in the unopposed application for leave to file an appeal out of time against the Registrar of Lands' decision of 14th February 2025

Key legal issues

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01

Whether the applicants met the parameters for grant of leave to appeal out of time

Holding

Yes - the application was unopposed and the applicants attained the Salat parameters for extension of time.

Reasoning

The decision sought to be appealed was delivered on 14th February 2025 and the statutory period for lodging an appeal had elapsed. The delay was occasioned by the prolonged illness and subsequent death of Mr. Henry Amena Amuguni, a beneficiary of the estate. The respondents, though duly served, did not respond, and the court found the application uncontroverted, firm and meritorious and allowed prayers (a), (b) and (c).

p. 2
02

Whether leave should be conditional on timely filing of the substantive appeal

Holding

Yes - the substantive appeal must be filed and served within fourteen days, failing which the orders lapse automatically.

Reasoning

Counsel for the applicants indicated the substantive application would be filed and served within fourteen days. The court built this into its order, providing that failure to comply would render the orders granted to lapse automatically without any further order being necessary, thereby balancing the applicants' right of appeal with expedition.

p. 2

Legal principles established

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  • The factors for extension of time to appeal are those set out in Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 others
  • An applicant with an undoubted right of appeal should ordinarily be given the opportunity to pursue it, as per Butt v Rent Restriction Tribunal

Court orders

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  1. 1.The Applicant granted leave to file an appeal out of time against the decision of the Registrar of Lands delivered on 14th February 2025
  2. 2.The annexed Notice of Appeal deemed as duly filed and served upon the Respondents
  3. 3.Costs of the application to be in the cause
  4. 4.Applicant's Counsel to file and serve the substantive appeal within fourteen days, failing which the orders granted shall lapse automatically

The bench

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

majority

Wrote the judgment

On appeal from
Registrar of Lands
Boundary dispute relating to parcel numbers NANDI/KAPKANGANI/577 and 922 versus 582, 143 and 198
Jurisdiction invoked
Leave to file an appeal out of time against the decision of the Registrar of Lands (statutory period elapsed)

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.

Thus, the application dated 24th November 2025, is hereby allowed in terms of prayers (a), (b) and (c) therein as stated at paragraph 1 (a), (b) and (c) hereinabove.
p. 2final orders - extension of time granted
The Applicant’s Counsel to file and serve the substantive appeal within the next fourteen days from this date failure of the orders granted herein shall lapse automatically without any further order being necessary.
p. 2conditional order on filing the substantive appeal
In the premises, the application is uncontroverted, firm and meritorious.
p. 2merit of unopposed extension-of-time application
By the unopposed application in entirety, the Applicants have attained the parameters set out in the case of Nicholas Kiptoo Arap Korir Salat v Independent Electoral and Boundaries Commission & 7 others (2014) eKLR.
p. 2Salat parameters satisfied

Issues in the judgment

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minor

The judgment does not state the case number, the names of the parties, or the court's own case reference; the record begins directly with the application.

minor

The judgment refers to 'subsequent demised' of Mr. Henry Amena Amuguni, apparently a typographical error for 'demise'.

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, "Amuguni & another (Suing as the legal representatives of the Estate of Joshua Amaguni Lugia - Deceased) v Kenyani & another (Environment and Land Appeal E012 of 2025) [2026] KEELC 188 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/188/eng@2026-01-22

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