Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
Caselaw
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealStruck OutApplication dated April 2, 2025 in the appeal arising from Eldoret ELC No. 9 of 2021 (O.S)· [2025] KECA 1043 (KLR)

Kaimugul v Kaimugul (Civil Application E027 of 2025) [2025] KECA 1043 (KLR)

Court of Appeal of Kenya
12 June 2025
JMJ. Mativo
591 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~2 min to read original · ~4 min brief

The bottom line

#

The Court of Appeal dismissed a man's request for more time to appeal because he ignored the court's instructions, so his appeal is effectively over.

What this practically means

#

Executive summary

#
This was a ruling of the Court of Appeal at Eldoret (Mativo, JA) on an application dated April 2, 2025 seeking extension of time to file and serve a Notice of Appeal, and subsequently the record of appeal, against a ruling delivered by J. Onyango, J on February 20, 2025 in Eldoret ELC No. 9 of 2021 (O.S), Kamurei Kobilo Chepkeitany vs Chepkeitany Kaimugul. The applicant, said to be of advanced age and previously unrepresented, argued that he was unaware of the prescribed period for filing a notice of appeal, that he fell ill shortly after the ruling, that the delay was excusable, and that the intended appeal was arguable. The respondent opposed, contending that ignorance of timelines and alleged illness were not sufficient bases for the orders sought. By a hearing notice sent on June 9, 2025, the Deputy Registrar directed that the application be heard by way of written submissions with no appearance by counsel. When the application came up on June 12, 2025, the respondent had filed submissions dated June 10, 2025, but the applicant had not complied with the directions despite service being effected on both parties' e-mail addresses. Relying on Rule 58(1) of the Court of Appeal Rules, 2022, which permits dismissal where an applicant does not appear or comply with directions, the court dismissed the application for non-compliance. No costs order was made. The intended appeal against the ruling below was therefore not entertained, and the extension of time was refused.

Key legal issues

#
01

Consequence of failure to comply with directions to file written submissions

Holding

The application was dismissed under Rule 58(1) for non-compliance with the directions issued on June 9, 2025

Reasoning

The Deputy Registrar's notice of June 9, 2025 directed that the application be heard by written submissions with no appearance by counsel. The respondent complied, filing submissions dated June 10, 2025, but the applicant did not, despite the directions being communicated to both parties' e-mail addresses and service being duly established. Rule 58(1) provides that where the applicant does not appear or comply with directions, the application may be dismissed. The court was satisfied service was effected and exercised its discretion to dismiss rather than adjourn.

p. 2

Legal principles established

#
  • Where a party, despite service, fails to appear or comply with the Court's directions on a day fixed for hearing of an application, the application may be dismissed under Rule 58(1) of the Court of Appeal Rules, 2022, and where the Court directs that an application be heard by written submissions, parties must comply

Court orders

#
  1. 1.The application dated April 2, 2025 for extension of time to file and serve the Notice of Appeal and record of appeal is dismissed for non-compliance with the Court's directions issued on June 9, 2025

Authorities

#

Legislation

  • Appellate Jurisdiction ActSections 3 and 3A
  • Court of Appeal Rules, 2022Rule 4
  • Court of Appeal Rules, 2022Rule 58(1)
On appeal from
Environment and Land Court
Eldoret ELC No. 9 of 2021 (O.S)
Jurisdiction invoked
Sections 3 and 3A of the Appellate Jurisdiction Act and Rule 4 of the Court of Appeal Rules, 2022

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Kaimugul v Kaimugul (Civil Application E027 of 2025) [2025] KECA 1043 (KLR)", Case Analysis (2025). Application dated April 2, 2025 in the appeal arising from Eldoret ELC No. 9 of 2021 (O.S). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1043/eng@2025-06-12

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