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Court of AppealAllowedNot stated in the judgment· [2025] KECA 582 (KLR)

Samuel Ngugi Ngonjoh v Board of Management, Shakaina Presbyterian School & 3 others

Court of Appeal of Kenya
28 March 2025
PKP. O. Kiage
685 words in judgment
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The bottom line

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Kenya's Court of Appeal gave a litigant extra time to appeal because he was never told the ruling had been delivered.

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 delivered by Kiage, JA, on 28th March 2025, in an application by Samuel Ngugi Ngonjoh under rule 4 of the Court of Appeal Rules seeking extension of time to file and serve a notice of appeal out of time against a ruling of the High Court of Kenya at Kiambu (Chepkwony, J) dated 12th April 2024, which upheld the defendant's preliminary objection and struck out the applicant's suit in HCCCE012 of 2022. The ruling had originally been scheduled for delivery on 7th December 2023 but was not delivered; no notice of its eventual delivery was given. The applicant tracked the judiciary portal and made registry follow-ups, learning on 3rd June 2024 that the ruling had been uploaded bearing a delivery date of 12th April 2024. He filed a notice of appeal immediately and the application two days later. There was no replying affidavit. The judge, exercising an unfettered discretion aimed at substantive justice, found the applicant diligent, held the delay fully explained as it was not of his making, and observed that rule 4 permits an extension application even after an out-of-time notice has been filed, such belated filing diluting the prejudice. The motion was allowed and the notice of appeal deemed duly filed and served, with costs abiding the outcome of the appeal. The decision is interlocutory and procedural; it does not disturb the High Court's ruling, which now becomes the subject of the intended appeal.

Key legal issues

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01

Whether the delay in filing the notice of appeal was satisfactorily explained

Holding

The delay was fully explained: the applicant was never notified of the delivery of the ruling, pursued it diligently, and filed the notice immediately upon learning of it

Reasoning

The court found as fact that the ruling scheduled for 7th December 2023 was not delivered on that date and no notice of the eventual delivery date issued. The applicant monitored the judiciary portal and made follow-up visits to the registry. Upon learning of the uploaded ruling, he filed the notice of appeal and then the application within two days. The court held it was exercising an unfettered discretion aimed at doing substantive justice, and found the applicant diligent and conscientious throughout.

p. 2

Legal principles established

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  • Rule 4 permits an application for extension of time to be made even after an out-of-time notice of appeal has been filed, and such belated filing mitigates the delay
  • Where delay in filing a notice of appeal is caused by lack of notice of the delivery of a ruling, the delay is satisfactorily explained and extension of time should be granted

Court orders

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  1. 1.Extension of time granted to file and serve the notice of appeal out of time
  2. 2.The notice of appeal dated June 6, 2024 and served on the respondents on June 7, 2024 deemed duly filed and served
  3. 3.Costs to abide the outcome of the appeal
On appeal from
High Court of Kenya at Kiambu
HCCCE012 of 2022
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules (extension of time)

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, "Samuel Ngugi Ngonjoh v Board of Management, Shakaina Presbyterian School & 3 others", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/582/eng@2025-03-28

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