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Court of AppealAllowedApplication dated 25th November 2024 (in appeal against High Court judgment of 6th November 2020)· [2025] KECA 314 (KLR)

Young Traders Limited v Gumchem (K) Limited (Civil Appeal (Application) E532 of 2020) [2025] KECA 314 (KLR)

Court of Appeal of Kenya
21 February 2025
616 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal excused a 14-day late filing, confirming short delays with honest explanations won't get your appeal thrown out.

What this practically means

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Executive summary

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This is a single-judge ruling of the Court of Appeal at Nairobi by Muchelule, JA, delivered on 21st February 2025, dealing with an application by Young Traders Limited for extension of time. The underlying appeal challenges a judgment of the High Court of Kenya at Nairobi (Sergon, J) dated 6th November 2020, which disputed the legal status of the respondent, Gumchem (K) Limited, to sue or be sued. On 8th November 2024, Mumbi Ngugi, JA granted leave to amend the memorandum and record of appeal by deleting Stephen Kinuthia Waithaka, a second respondent who died on 11th July 2000, whose suit had abated by order of the High Court of 22nd March 2010. The leave required compliance within 48 hours under Rule 46(2) of the Court of Appeal Rules, 2022. The applicant failed to comply within that period, lodging the amended documents on 25th November 2024 - 14 days late. Counsel Kithinji Marete attributed the lapse to his absence from the country and subsequent family leave, and a failed delegation to his associate. The respondent opposed, arguing the applicant and its advocate were not vigilant and that the appeal had been pending since 2020. The court found the delay short and the explanation satisfactory, held that not every lapse warrants locking a party out of the seat of justice, and found no bad faith. It extended time under Rule 4 and deemed the amended documents duly lodged and served, ordering the applicant, as it had been indulged, to pay the respondent's costs of the application.

Key legal issues

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01

Whether the delay of 14 days in complying with leave to amend the memorandum and record of appeal should be excused

Holding

The court extended time, finding the delay short and the explanation satisfactory, and deemed the amended documents properly lodged and served.

Reasoning

The applicant obtained leave on 8th November 2024 to amend by deleting a deceased second respondent, with 48 hours to comply under Rule 46(2). Compliance came 14 days late, explained by counsel's absence from the country and a failed delegation to an associate. The court held the delay was short, the explanation satisfactory, the application not brought in bad faith, and that justice is best served by determining disputes on the merits rather than by locking a party out.

p. 2
02

Exercise of discretion under Rule 4 of the Court of Appeal Rules, 2022

Holding

The court exercised its discretion under Rule 4 to extend time and deem the amended memorandum and record of appeal duly lodged and served.

Reasoning

Rule 4 confers a wide discretion to extend time. The court weighed the applicant's failure to act with expedition after obtaining leave against the brevity of the delay, the absence of bad faith, and the applicant's overall vigilance in pursuing the appeal, as shown by prior resolved applications for stay and additional evidence. Balancing these, discretion was exercised in the applicant's favour, with costs as a mild sanction for the indulgence granted.

p. 2

Legal principles established

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  • Not every lapse by a litigant should attract the draconian step of locking the party out of the seat of justice; short delay with a satisfactory explanation warrants extension of time.

Court orders

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  1. 1.Extension of time under Rule 4 of the Court of Appeal Rules, 2022 for compliance with the orders of 8th November 2024
  2. 2.The amended memorandum and record of appeal lodged and served on 25th November 2024 deemed duly lodged and served
  3. 3.Applicant to pay the costs of the application to the respondent
On appeal from
High Court of Kenya at Nairobi
null
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules, 2022

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, "Young Traders Limited v Gumchem (K) Limited (Civil Appeal (Application) E532 of 2020) [2025] KECA 314 (KLR)", Case Analysis (2025). Application dated 25th November 2024 (in appeal against High Court judgment of 6th November 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/314/eng@2025-02-21

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