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ELCDismissedELC LMISC. No. E028 of 2026

Parsayiato v District Land Registrar Kajiado Central (Environment and Land Miscellaneous Case E028 of 2026) [2026] KEELC 4384 (KLR)

Environment and Land Court
9 July 2026
860 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Environment and Land Court refused a landowner permission to appeal a 2014 boundary decision, ruling a twelve-year delay lacked adequate explanation.

What this practically means

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Executive summary

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The Applicant moved the Environment and Land Court at Kajiado by Notice of Motion dated 7th May 2026 seeking leave to file an appeal out of time against a decision of the Land Registrar dated 26th September 2014 arising from a boundary dispute over parcels Kajiado/Kaputiei North/830, 831 and 840. He explained that after the Registrar's decision he instructed his then advocate to challenge it through Machakos ELC No. 152 of 2014, later transferred to Kajiado as ELC No. 421 of 2017, which was dismissed for want of prosecution in 2018. He claimed he was unaware of that suit's status, and a later suit, Kajiado ELC No. E015 of 2021, was struck out as res judicata. The Respondent filed no response and no submissions were on record. The court framed a single issue: whether the Applicant had established a case warranting enlargement of time. Applying Section 95 of the Civil Procedure Act, Order 50 Rule 5, and the Supreme Court's guidance in Nicholas Kiptoo Arap Korir Salat v IEBC, the court held the delay of approximately twelve years was inordinate and required cogent explanation. Mistakes of counsel do not automatically constitute sufficient cause; a litigant must diligently follow up his case. The Applicant also failed to annex the prior suit's pleadings and did not explain why he never sought setting aside of the 2018 dismissal. The motion was dismissed with no order as to costs, the application being unopposed.

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 established a case that warrants grant of leave to file an appeal out of time against the Respondent's decision dated 26th September 2014

Key legal issues

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01

Whether leave to appeal out of time should be granted against the Land Registrar's decision of 26th September 2014

Holding

Leave refused; the delay of approximately twelve years was inordinate and insufficiently explained, and the Applicant failed to demonstrate good and sufficient cause

Reasoning

The jurisdiction to enlarge time under Section 95 of the Civil Procedure Act and Order 50 Rule 5 is discretionary and requires sufficient cause. A delay of about twelve years demands a cogent, satisfactory and credible explanation. Blaming a former advocate is not automatic sufficient cause, as litigants must follow up their own cases. The Applicant also failed to annex the pleadings from the prior dismissed suit and did not explain why he never sought setting aside of the 2018 dismissal.

p. 3

Legal principles established

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  • Extension of time is an equitable, discretionary remedy requiring the litigant to lay a basis that he was not at fault
  • A litigant must diligently follow up the progress of his own case; mistakes of counsel do not automatically warrant enlargement of time

Court orders

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  1. 1.The Notice of Motion dated 7th May 2026 is dismissed
  2. 2.No order as to costs

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Section 95 Civil Procedure Act and Order 50 Rule 5 Civil Procedure Rules (discretion to enlarge time)

Relief refused

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Leave to file an appeal out of time against the Land Registrar's decision of 26th September 2014

Inordinate delay of approximately twelve years without cogent, satisfactory and credible explanation; failure to annex pleadings from the prior suit; failure to explain why the dismissal in Kajiado ELC No. 421 of 2017 was not set aside

p. 5

Costs

No order as to costs (application unopposed)

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.

The jurisdiction of this Court to enlarge time is discretionary and must be exercised judicially upon sufficient cause being shown
p. 3Discretion to enlarge time
While mistakes of counsel may, in appropriate circumstances, constitute sufficient cause, such allegation alone does not automatically warrant enlargement of time. A litigant bears a corresponding duty to diligently follow up the progress of his own case.
p. 4Mistake of counsel and duty of diligence
Consequently, the Notice of Motion dated 7th May 2026 lacks merit and is hereby dismissed. Given that the application was unopposed, I make no order as to costs.
p. 5Final orders / disposition

Issues in the judgment

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minor

The record shows a prior suit Machakos ELC No. 152 of 2014 (later Kajiado ELC No. 421 of 2017) said to have been dismissed for want of prosecution on 7th March 2018, yet the present application is dated 7th May 2026 and the judgment describes the delay as approximately twelve years, which is consistent with the 2014 decision but the filing number E028 of 2026 versus the narrative dates cannot be reconciled from the face of the document alone

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, "Parsayiato v District Land Registrar Kajiado Central (Environment and Land Miscellaneous Case E028 of 2026) [2026] KEELC 4384 (KLR)", Case Analysis (2026). ELC LMISC. No. E028 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4384/eng@2026-07-09

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