Hirji Premji Dabasiya Hitesh v Evans Michoma Makwaro & Bhachu Industries Lukenya Site
The bottom line
#A Kenyan court refused to extend time to appeal because the party's lawyer was emailed the judgment notice and ignored it.
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 Court should exercise its discretion and grant leave to appeal out of time
- 2.Whether the Applicant was properly served with the notice of delivery of judgment
- 3.Whether the Applicant has shown good and sufficient cause for the delay in filing the intended appeal
Key legal issues
#Whether the applicants were served with notice of delivery of judgment
The court found the applicants were duly notified through their advocates' email address, which they did not deny receiving
The respondent filed a notice of judgment dated 31/7/25 sent to the applicants' advocates' email address Gicheru80@gmail.com informing them of the scheduled delivery of judgment on 8/8/25. The applicants did not deny receiving this notice nor explain their failure to attend. Service on an advocate on record constitutes service on the party, and the same email address was routinely used for correspondence.
Whether the delay of approximately four to five months was excusable
The delay was not excused; the applicants were guilty of laches and not deserving of the extension orders
Judgment was delivered in August 2025 after the applicants were duly notified, yet they approached the court four months later. Having been notified, their failure to attend or act on the judgment meant the delay was unexplained. Unexplained delay of that magnitude demonstrates laches and cannot constitute good and sufficient cause under Section 79G.
Legal principles established
#- A party who has been notified of the delivery of judgment but fails to attend or act cannot later claim ignorance of the judgment as sufficient cause for extension of time
Court orders
#- 1.The application dated 27th January 2026 seeking leave to appeal out of time is dismissed
- 2.Costs of the application to the Respondent
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Mavoko Law Courts (Magistrates' Court)
- MCELRC/E065/2025 (Mavoko ELRC Cause No. E065 of 2022)
- Jurisdiction invoked
- Section 79G of the Civil Procedure Act as read with Section 12(3)(vii) of the Employment and Labour Relations Court Act and Rule 33 of the ELRC (Procedure) Rules, 2016
Relief refused
#Leave to appeal out of time against the judgment of 8th August 2025
Applicants were duly notified of the judgment delivery and are guilty of laches
Deeming of the Memorandum of Appeal as duly filed
Follows from dismissal of the principal prayer for extension of time
Costs
Application dismissed with costs to the Respondent
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.
The applicants have not denied receiving this notice of judgment delivery and neither have they explained why they did not attend to the judgment after knowing of its delivery.
The judgment having been delivered after the applicants were duly notified, it is my finding that the applicants are guilty of laches and not deserving of the orders sought.
I decline to grant the orders prayed and I dismiss this application with costs accordingly.
Issues in the judgment
#Cause number inconsistency: application cites MCELRC/E065/2025 while body refers to Mavoko ELRC Cause No. E065 of 2022
Delay described as four months by applicant and over five months by respondent without reconciliation
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Hirji Premji Dabasiya Hitesh v Evans Michoma Makwaro & Bhachu Industries Lukenya Site", Case Analysis (2026). ELRC MISC. APPLICATION NO. E004 OF 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2026/2594/eng@2026-09-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.