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Court of AppealDismissedApplication dated 12th November 2024· [2025] KECA 357 (KLR)

Fleet Logistics Limited v Sigma Limited & 3 others (Civil Application E604 of 2024) [2025] KECA 357 (KLR)

Court of Appeal
28 February 2025
AMA.O. Muchelule
1,057 words in judgment
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The bottom line

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Kenya's Court of Appeal refused to excuse an eight-month delay in filing an appeal, leaving Fleet Logistics liable for a Kshs. 53.76 million damages award.

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 dismissing an application under Rule 4 of the Court of Appeal Rules by Fleet Logistics Ltd seeking extension of time to file and serve a notice of appeal out of time against a judgment of the Environment and Land Court (O. Ongote, J) delivered on 8th February 2024, in which Manair Ltd's claim succeeded and the applicant was ordered to pay general damages of Kshs. 53,760,000 plus costs. The applicant, which asserted it learned of the judgment only on 5th March 2024, had instead filed an application for review and leave to defend, which was dismissed on 26th September 2024; a subsequent Rule 5(2) application for stay was dismissed on 12th November 2024. The single judge restated the settled criteria for extension of time - length of delay, prejudice to the respondent, arguability of the intended appeal, and the parties' conduct - and held that the roughly eight-month delay was inordinate and unexplained to a reasonable and satisfactory degree. Notably, the court declined to find that the failed review application extinguished the right of appeal, but held the applicant's course of conduct, undertaken throughout with the benefit of counsel, weighed against granting the indulgence. The application was dismissed with costs to the 1st respondent. The decision does not disturb the judgment below; it simply leaves the applicant without an appeal against it.

Key legal issues

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01

Whether the delay of about eight months in filing the notice of appeal should be excused

Holding

The delay was inordinate and the explanation neither reasonable nor satisfactory; the applicant, having been aware of the judgment since 5th March 2024 and having enjoyed counsel's services, pursued review and stay before turning to this Court, so the discretion was not exercised in its favour.

Reasoning

The court weighed the four Muringa factors: the delay ran from February to November 2024; the applicant knew of the judgment by early March yet filed no notice of appeal; it instead sought review, which failed, then a Rule 5(2) stay, which also failed; and it had counsel throughout. Even a short unexplained delay of under one month after learning of the judgment would have required extension. The conduct of the party weighed against indulgence.

p. 3

Legal principles established

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  • In an extension-of-time application the court considers the length of delay, prejudice to the respondent, the arguability of the intended appeal and the conduct of the parties.
  • Every delay, however short, must be explained.

Court orders

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  1. 1.The application dated 12th November 2024 is dismissed with costs to the 1st respondent

Authorities

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Legislation

  • Court of Appeal RulesRule 4

Cases cited (3)

  • Muringa Company Limited v Archdiocese of Nairobi Registered Trustee
    [2020] eKLR
  • Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet
    [2018] eKLR
  • Martha Wambui v Irene Wanjiru Mwangi & Another
    [2015] eKLR
On appeal from
Environment and Land Court at Nairobi
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules

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, "Fleet Logistics Limited v Sigma Limited & 3 others (Civil Application E604 of 2024) [2025] KECA 357 (KLR)", Case Analysis (2025). Application dated 12th November 2024. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/357/eng@2025-02-28

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