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Court of AppealStruck OutNot stated in the judgment· [2025] KECA 744 (KLR)

Ng'etich & 5 others v Ng'etich & 3 others (Criminal Application E047 of 2024) [2025] KECA 744 (KLR)

Court of Appeal of Kenya
5 May 2025
JMJ. Mativo
548 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The Court of Appeal dismissed a request for extra time to appeal because the applicants ignored the court's written-submission directions.

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 Eldoret, delivered by J. Mativo, JA, on an application dated 31st July 2024 brought under Rule 4 of the Court of Appeal Rules 2022. The applicants sought extension of time to file and serve a notice of appeal and a letter bespeaking certified typed proceedings against the judgment of the Environment and Land Court at Kapsabet delivered on 25th September 2023 in Stanley Kipruto Ng'etich v. Mary Barg'etuny, Peter Tallam and Joseph Tallam, which had resulted in cancellation of the 1st applicant's title deed. The applicants explained that the 1st applicant only learnt of the proceedings on or about 10th July 2024 when called as a witness in a malicious damage case. On 22nd April 2024 the Deputy Registrar directed that the application be heard by way of written submissions with no appearance by counsel, and the parties were reminded to file and serve submissions. When the application came up on 5th May 2025, no response had been filed and no party had complied with the directions despite service by e-mail. Relying on Rule 58(1), the Judge dismissed the application for non-compliance. The merits of the intended appeal were not considered, and no costs order was made.

Key legal issues

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01

Consequence of non-compliance with the Court's hearing directions under Rule 58(1)

Holding

The application was dismissed because the parties, though duly served with the hearing notice requiring written submissions, failed to comply with the directions.

Reasoning

The Deputy Registrar notified the parties by e-mail that the application would be heard by written submissions with no appearance. At the hearing date the respondent had filed no response and no party had filed submissions. Being satisfied that the parties were served, the single Judge invoked Rule 58(1), which permits dismissal where an applicant does not appear or comply with directions, and dismissed the application. No merits of the intended appeal were considered.

p. 2

Legal principles established

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  • Where parties are duly served with a direction that an application be heard by written submissions and fail to appear or comply with those directions, the Court may dismiss the application under Rule 58(1) of the Court of Appeal Rules 2022.

Court orders

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  1. 1.The application dated 31st July 2024 seeking extension of time is dismissed for non-compliance with the directions of the Court issued on April 22, 2024

Authorities

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Legislation

  • Court of Appeal Rules 2022Rule 4
  • Court of Appeal Rules 2022Rule 58(1)
On appeal from
Environment and Land Court, Kapsabet
Kapsabet Environment and Land Court Case No. 23 of 2012
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, "Ng'etich & 5 others v Ng'etich & 3 others (Criminal Application E047 of 2024) [2025] KECA 744 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/744/eng@2025-05-05

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