Benson Nzambu & 3 others v Jedida Onduso Akanda [2021] KECA 630 (KLR)
The bottom line
#The Court of Appeal refused to forgive a two-year delay in filing an appeal, ruling that blaming your advocate without proof is no excuse in Kenya.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay of 2 years was satisfactorily explained
The delay was not explained; blaming the advocate without evidence of who was responsible, and without the applicants taking steps to follow up, amounts to indolence.
The applicants instructed Kalwa and Company Advocates but then took no steps for two years until 5th March 2020. No advocate owned up to the alleged omission and no individual was identified. The applicants did not demonstrate mitigation of the delay, so the court was not satisfied the delay was explained.
Whether the appeal had chances of success
The court could not assess the chances of success because the applicants did not attach the judgment or a draft memorandum of appeal.
On the second Leo Sila Mutiso factor, the applicants failed to provide the material (judgment or draft memorandum of appeal) that would enable the court to discern the likelihood of success of the intended appeal, so the factor did not favour them.
Whether the respondent would suffer prejudice
Given the inordinate 2-year delay and that the respondent had already taken possession of the suit property in compliance with the orders, she would suffer prejudice if the extension were granted.
The respondent deponed that the court orders had been executed and she was in occupation of the disputed premises. So much had transpired since the judgment that prejudice to the respondent could not be doubted, weighing against extension of time.
Legal principles established
#- Under rule 4 of the Court of Appeal Rules the Court has an unfettered discretion to extend time, to be exercised judiciously having regard to the length of and reason for the delay, the chances of success of the appeal, and prejudice to the respondent.
Court orders
#- 1.The Notice of Motion dated 18th November 2020 is dismissed with costs
- On appeal from
- Environment and Land Court at Milimani
- ELC Case No. 466 of 2014
- Jurisdiction invoked
- Rules 4 and 82 of the Court of Appeal Rules (application for extension of time)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (2)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- Kibos Sugar & Allied Industries v Amuna (Miscellaneous Case E014 of 2025) [2025] KEELRC 921 (KLR)[2025] KEELRC 921 (KLR)24 Mar 2025
- Kibos Sugar & Allied Industries v Amuma (Appeal E011 of 2024) [2025] KEELRC 80 (KLR)[2025] KEELRC 80 (KLR)22 Jan 2025
Cite this brief
#Cite this brief
Caselaw, "Benson Nzambu & 3 others v Jedida Onduso Akanda [2021] KECA 630 (KLR)", Case Analysis (2021). Civil Application No. E459 of 2020. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2021/630/eng@2021-05-07
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.