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Court of AppealDismissedCivil Application (rule 4) dated 14th February 2025, arising from Kilgoris HCCA No. E004 of 2023· [2025] KECA 1181 (KLR)

Geminia Insurance Company Limited v Nchoe (Civil Application E014 of 2025) [2025] KECA 1181 (KLR)

Court of Appeal of Kenya
2 July 2025
JMJ. Mativo
733 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 Geminia Insurance's bid to appeal late because its lawyers ignored directions to file written submissions.

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 (Mativo, JA) on an application dated 14th February 2025 under rule 4 of the Court of Appeal Rules, 2022, in which Geminia Insurance Co. Ltd sought leave to file a notice of appeal out of time against a judgment delivered on 6th December 2024 by Gikonyo, J. in Kilgoris HCCA No. E004 of 2023. The applicant attributed the delay to internal mishandling: the Senior Legal Officer handling the matter had left the company effective 1st December 2024, instructions sent to his e-mail were not acted upon, and the advocate on record had proceeded on Christmas vacation, with the lapse discovered only on resumption; the applicant asserted that the intended appeal raised serious legal issues and that the orders were in the interest of justice. The respondent opposed, contending that the applicant and its counsel were indolent, that the delay was a tactic to deny her the fruits of a judgment determined twice, and that the applicant had been informed of the outcome by 9th December 2024. By an amended notice of 25th June 2025, the Deputy Registrar directed that the application be heard by written submissions, with no appearance required. On 2nd July 2025, no party had complied with those directions. Relying on rule 58(1), the Court, satisfied that the parties had been duly served, dismissed the application for non-compliance and made no orders as to costs. The intended appeal was therefore never admitted, and the High Court judgment stands undisturbed.

Key legal issues

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01

Effect of non-compliance with directions for disposal of an application by written submissions

Holding

The application was dismissed under rule 58(1) for non-compliance with the directions issued on 25th June 2025, the Court being satisfied that the parties had been duly served with the directions.

Reasoning

The Deputy Registrar's amended hearing notice of 25th June 2025 informed counsel that the application would be determined on written submissions with no appearance required, and reminded parties to file and serve submissions. On the hearing date no party had complied. Rule 58(1) empowers dismissal where an applicant does not appear or comply with directions, unless the Court sees fit to adjourn. The Court was satisfied service was effected via the parties' e-mail addresses and declined to adjourn, dismissing the extension-of-time application and making no order as to costs.

p. 2

Legal principles established

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  • Where a party fails to appear on the day fixed for hearing of an application or fails to comply with the Court's directions, the application may be dismissed under rule 58(1) of the Court of Appeal Rules, 2022, notwithstanding that the hearing notice directed determination by written submissions

Court orders

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  1. 1.The application dated 14th February 2025 is dismissed for non-compliance with the Court's directions issued on 25th June 2025, pursuant to rule 58(1) of the Court of Appeal Rules, 2022
  2. 2.No orders as to costs

Authorities

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Legislation

  • Court of Appeal Rules, 2022Rule 4
  • Court of Appeal Rules, 2022Rule 58(1)

Cases cited (1)

  • Geminia Insurance Co. Ltd v Nelly Naserian Nchoe
    Kilgoris HCCA No. E004 of 2023
On appeal from
High Court of Kenya
Kilgoris HCCA No. E004 of 2023
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules, 2022 (leave to file notice of appeal out 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, "Geminia Insurance Company Limited v Nchoe (Civil Application E014 of 2025) [2025] KECA 1181 (KLR)", Case Analysis (2025). Civil Application (rule 4) dated 14th February 2025, arising from Kilgoris HCCA No. E004 of 2023. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1181/eng@2025-07-02

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