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Court of AppealDismissedNot stated in the judgment· [2025] KECA 1174 (KLR)

Hangzhou Agrochemical Industries EA Limited v Panda Flowers Limited (Civil Application E048 of 2025) [2025] KECA 1174 (KLR)

Court of Appeal of Kenya
30 June 2025
JMJ. Mativo
577 words in judgment
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The bottom line

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The Court of Appeal dismissed an extension-of-time application solely because the applicant ignored directions to file written submissions—never ignore court notices.

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 Nakuru delivered by Mativo, JA on 30th June 2025. The applicant, by a notice of motion dated 17th August 2021 lodged under rules 4 and 82(1) of the Court of Appeal Rules, sections 3A and 38 of the Appellate Jurisdiction Act, Order 51 Rule 1 of the Civil Procedure Rules, sections 1A and 1B of the Civil Procedure Act and article 159(2) of the Constitution, sought leave to file the record of appeal out of time against a judgment and decree of Mwongo, J in Naivasha High Court Civil Case No. 4 of 2017. The applicant asserted that both parties filed notices of appeal, that certified proceedings were supplied late on 10th August 2021 after expiry of the 60-day period, and that the intended appeal was arguable. The Deputy Registrar issued a hearing notice on 25th June 2025 directing that the application be determined on written submissions with no appearance, and the notice was sent to both parties' e-mail addresses. At the hearing on 30th June 2025 neither party had complied with the directions. Relying on Rule 58 of the Court of Appeal Rules, 2022, which permits dismissal where an applicant does not appear or comply with directions, and being satisfied that the parties were duly served, the Court dismissed the application for non-compliance. The extension of time sought was therefore refused. No costs order was recorded and no authorities were cited. The application was decided on procedural non-compliance alone; the merits of the intended appeal were not considered.

Key legal issues

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Consequence of failure to comply with the Court's directions on written submissions

Holding

The application is dismissed for non-compliance with directions under Rule 58(1) of the Court of Appeal Rules

Reasoning

The Deputy Registrar issued a hearing notice on 25th June 2025 by e-mail directing that the application be heard by written submissions with no appearance by counsel. The applicant and respondent were served at their respective e-mail addresses but neither filed submissions. The Court, being satisfied of service, exercised its power under Rule 58(1) to dismiss the application rather than adjourn.

p. 2

Legal principles established

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  • Where a party served with a hearing notice directing that an application be heard by written submissions fails to appear or comply with directions, the Court may dismiss the application under Rule 58(1) of the Court of Appeal Rules

Court orders

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  1. 1.The application dated 17th August 2021 seeking leave to file the record of appeal out of time is dismissed for non-compliance with the Court's directions issued on 25th June 2025

Authorities

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Legislation

  • Court of Appeal RulesRule 4
  • Court of Appeal RulesRule 82(1)
  • Court of Appeal Rules, 2022Rule 58(1)
  • Appellate Jurisdiction ActSection 3A
  • Appellate Jurisdiction ActSection 38
  • Civil Procedure Rules, 2010Order 51 Rule 1
  • Civil Procedure ActSection 1A
  • Civil Procedure ActSection 1B
  • Constitution of KenyaArticle 159(2)
On appeal from
High Court of Kenya
Naivasha High Court Civil Case No. 4 of 2017
Jurisdiction invoked
Rules 4 and 82(1) of the Court of Appeal Rules; sections 3A and 38 of the Appellate Jurisdiction Act; Order 51 Rule 1 of the Civil Procedure Rules, 2010; sections 1A and 1B of the Civil Procedure Act; article 159(2) of the Constitution

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, "Hangzhou Agrochemical Industries EA Limited v Panda Flowers Limited (Civil Application E048 of 2025) [2025] KECA 1174 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1174/eng@2025-06-30

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