University of Nairobi v Ricatti Business College of East Africa
The bottom line
#The Court of Appeal refused to excuse the University of Nairobi's nearly two-year filing delay, ending its appeal because it couldn't explain most of the delay.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay of one year and 11 months in lodging and serving the record of appeal was adequately explained
The delay was inordinate and largely unexplained; only about 20 days were attributable to e-filing platform difficulties
The court examined the two explanations offered: preparation of certified proceedings and e-filing challenges. No certificate of delay was actually attached to the application, so the period for preparing proceedings could not be ascertained. The e-filing difficulties explained only about 20 days, leaving 1 year and 10 months unexplained. Given the inordinate and unexplained delay, the respondent would be prejudiced by extension.
Whether the respondent would suffer prejudice if time were extended
Given the inordinate and unexplained delay, the respondent would be prejudiced by an extension
The court weighed the applicant's interest in ventilating its appeal against the respondent's position. Although the applicant asserted no prejudice would be suffered, the court found that the inordinate and unexplained delay itself meant the respondent would be prejudiced were time to lodge the appeal extended. This weighed against exercising the discretion in the applicant's favour.
Legal principles established
#- Under rule 4 of the Court of Appeal Rules the court has an unfettered but judicious discretion to extend time, guided by length of delay, reason for delay, chances of success and prejudice to the respondent
Court orders
#- 1.The motion seeking extension of time for filing and service of the record of appeal is dismissed
- 2.No orders as to costs
- On appeal from
- High Court, Commercial & Admiralty Division at Nairobi
- HCCC No. 73 of 2015
- Jurisdiction invoked
- Rules 4 and 42 of the Court of Appeal Rules and article 159 of the Constitution
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.
- Vijay Laxmi Shah v Mercy Makena Chweya & Muhatia Pala Auctioneers (Proposed Third Party)[2026] KEELC 6077 (KLR)1 Oct 2026
- Karamana v Mwari & another (Environment and Land Case Civil Suit E065 of 2021) [2022] KEELC 3734 (KLR)[2022] KEELC 3734 (KLR)4 May 2022
Cite this brief
#Cite this brief
Caselaw, "University of Nairobi v Ricatti Business College of East Africa", Case Analysis (2022). Civil Appeal (Application) E566 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2022/533/eng@2022-04-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.