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ELCDismissedApplication dated 27/6/2025 (arising from Civil Case No. E049 of 2023)· [2026] KEELC 1762 (KLR)

Nyanyuma & another v Owino (Environment and Land Appeal E030 of 2025) [2026] KEELC 1762 (KLR)

High Court of Kenya
19 March 2026
ADA. E. Dena
588 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The High Court refused to extend time for an appeal because the applicant waited about eight months without explaining the delay or being honest with the court.

What this practically means

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Executive summary

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This ruling by Hon. Justice A. E. Dena determined a Notice of Motion dated 27/6/2025 filed under certificate of urgency by Jaco Aram Nyanyuma, in which the applicant sought two reliefs: extension of time to file an appeal against the judgment in Bondo Law Courts Civil Case No. E049 of 2023 delivered on 22/11/2024, and stay of execution of that judgment, together with a draft memorandum of appeal. The respondents, served through their trial-court advocate, did not respond, but the court held that the unopposed application still had to be decided on its merits. The court identified its power to enlarge time as donated by section 79 of the Civil Procedure Act and adopted the criteria in the Nicholas Kiptoo Arap Korir Salat decision: the length of the delay, the reasons for it, and the prejudice to the decree holder. The applicant attributed the roughly eight-month delay to his advocate not being informed of the judgment date, but the court found the explanation deficient: there was no disclosure of when the applicant or his advocate learnt of the exparte judgment, no explanation for the seven-month delay in inquiring about it, and no copy of the judgment was annexed, making it impossible to gauge the arguability of the intended appeal or how it would be rendered nugatory. The court characterized the applicant as an indolent litigant hiding behind his advocate and declined to exercise its discretion to enlarge time. Consequently, it declined to consider the stay of execution, which was dependent on the extension. The application was dismissed with no orders as to costs. The ruling was delivered virtually on 19/3/2026, with neither the applicants nor the respondents present.

Key legal issues

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01

Whether the discretion under section 79 of the Civil Procedure Act should be exercised to enlarge time for filing an appeal

Holding

The discretion was declined because the delay of about 8 months was unexplained, there was no full disclosure of when the applicant or his advocate learnt of the ex parte judgment, and no judgment was annexed to demonstrate arguability.

Reasoning

The court applied the factors in the Nicholas Kiptoo Arap Korir Salat case: length of delay, reasons for delay, and prejudice to the decree holder. The applicant blamed his advocate for not being informed of the delivery date, but did not disclose when he or the advocate discovered the judgment had been delivered exparte, nor why it took over seven months to inquire about it. The court found the litigant indolent and attempting to hide behind the advocate, and no copy of the judgment was annexed to gauge the appeal's arguability.

p. 2
02

Whether stay of execution should be granted

Holding

Not considered, as it was dependent on the grant of extension of time which was refused.

Reasoning

The court reasoned that stay of execution was consequential upon the appeal being properly on record; since leave to appeal out of time was refused, there was no basis to entertain the stay. The court expressly declined to venture into the stay relief, making the dismissal of the extension application dispositive of the entire application.

p. 2

Legal principles established

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  • Extension of time is discretionary and not a right; only a deserving party may be granted leave, considering the length of and reasons for the delay and prejudice to the decree holder.
  • An applicant for discretionary reliefs must make full disclosure and conceal nothing from the court.

Court orders

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  1. 1.The application dated 27/06/2025 is dismissed
  2. 2.No orders as to costs

Authorities

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Legislation

  • Civil Procedure ActSection 79

Cases cited (1)

  • Nicholas Kiptoo Arap Korir Sala vs IEBC & Other
    (2014)
On appeal from
Bondo Law Courts (trial court)
Civil Case No. E049 of 2023
Jurisdiction invoked
Section 79 of the Civil Procedure Act (power to enlarge time for filing an appeal)

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, "Nyanyuma & another v Owino (Environment and Land Appeal E030 of 2025) [2026] KEELC 1762 (KLR)", Case Analysis (2026). Application dated 27/6/2025 (arising from Civil Case No. E049 of 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1762/eng@2026-03-19

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