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ELCDismissedNot stated in the judgment (ruling on application dated 3rd September 2025)· [2026] KEELC 3413 (KLR)

Abdalla v Omar & 8 others (Environment and Land Appeal E051 of 2025) [2026] KEELC 3413 (KLR)

High Court of Kenya
13 May 2026
EME. K. Makori
830 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 allow an appeal filed 11 months late because the landowner failed to explain the delay.

What this practically means

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Executive summary

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The applicant sought leave to appeal out of time against the judgment of the Honorable M. Maina Wachira, Principal Magistrate at Lamu, delivered on 30th August 2024 in MCELC No. E004 of 2022, in which the trial court granted the 1st respondent a permanent injunction restraining the applicant and the 2nd to 9th respondents from interfering with a portion of land to be excised from Lamu Island Block III/16, known as Lamu Island Block III/383. The application, canvassed by written submissions, was opposed. The court framed two issues: whether the applicant satisfied the legal grounds for extension of time, and who should bear the costs. Section 79G of the Civil Procedure Act allows an appeal to be admitted out of time on good and sufficient cause, and the court applied the principles in Nicholas Kiptoo Korir arap Salat v IEBC and 7 Others [2014] eKLR. The 30-day period expired on 30th September 2024, yet the application was filed on 3rd September 2025, some 11 months late. The applicant attributed the delay to his former advocate's unresponsiveness, but the only supporting evidence - screenshots of text messages - was dated February 13, 2025, after the appeal period had lapsed, and mere payment of appeal fees did not excuse the inaction. The court found inordinate delay and no sufficient cause, dismissed the application dated 3rd September 2025 with costs. In the meantime, the 1st respondent had processed a title deed for the suit parcel in accordance with the decree.

Key legal issues

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01

Whether the applicant showed good and sufficient cause under Section 79G of the Civil Procedure Act for filing the appeal 11 months out of time

Holding

The delay of at least 11 months was inordinate and unexplained; the advocate-unresponsiveness excuse was unsupported because the text message screenshots were dated after the appeal period had expired

Reasoning

The 30-day window under Section 79G expired on 30th September 2024. The application was filed on 3rd September 2025. The only explanation offered was the former advocate's unresponsiveness, but the screenshots of text messages were dated February 13, 2025, well beyond the time limit, and paying appeal fees alone did not excuse the subsequent inactivity.

p. 3

Legal principles established

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  • Extension of time is an equitable remedy available only to a deserving party at the court's discretion, and the applicant bears the burden of explaining the delay to the court's satisfaction
  • Mere payment of appeal fees without follow-up action does not constitute sufficient cause for delay in filing an appeal

Court orders

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  1. 1.The application dated 3rd September 2025 is dismissed with costs
On appeal from
Principal Magistrate's Court at Lamu
MCELC No. E004 of 2022
Jurisdiction invoked
Section 79G of the Civil Procedure Act (leave to appeal out of time)

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, "Abdalla v Omar & 8 others (Environment and Land Appeal E051 of 2025) [2026] KEELC 3413 (KLR)", Case Analysis (2026). Not stated in the judgment (ruling on application dated 3rd September 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3413/eng@2026-05-13

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