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Court of AppealAllowedNot stated in the judgment· [2025] KECA 1218 (KLR)

Mahugu v Equity Bank Limited (Civil Application E472 of 2024) [2025] KECA 1218 (KLR)

Court of Appeal
4 July 2025
FLF. Sicha le
1,086 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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Kenya's Court of Appeal extended time to appeal because out-of-court settlement talks reasonably explained the delay, despite a procedural slip.

What this practically means

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Executive summary

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This is a single-Judge application before the Court of Appeal at Nairobi for an extension of time to file a Notice of Appeal against the judgment of S. Okongo J of the Environment and Land Court delivered on 4th October 2021 in Milimani ELCA No. 50 of 2015. The applicant, James Muraya Mahugu, filed a Notice of Appeal timeously on 15th October 2021 but did not file the appeal within the prescribed period because the respondent had expressed a desire to settle the matter amicably, only to become non-committal. The respondent did not respond to the application despite service. The Court, sitting as a Single Judge (F. Sicha le JA), noted the applicant's failure to cite the specific Rule underpinning the motion but overlooked the omission under Article 159(2)(d) of the Constitution, which obliges courts to dispense justice without undue regard to procedural technicalities. Applying the well-settled Rule 4 principles from Mwangi v Kenya Airways Ltd and Leo Sila Mutiso v Rose Hellen Wangari Mwangi, the Court found no inordinate delay, accepted the settlement negotiations as a reasonable and plausible explanation (a fact the respondent did not deny), declined to assess the arguability of the intended appeal as that is not for a Single Judge, and found no prejudice to the respondent. The motion was allowed and time extended, with the applicant directed to file the appeal within 30 days failing which the orders would stand vacated. The costs of the motion were made to abide the outcome of the intended appeal.

Key legal issues

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01

Whether the failure to state the specific Rule under which an application for extension of time is premised is fatal to the application

Holding

No; the Court may overlook the omission in the interest of substantive justice under Article 159(2)(d) of the Constitution

Reasoning

The Court noted that the applicant failed to state the Rule under which the application was premised. Rather than strike out the application for this omission, the Court invoked Article 159(2)(d) of the Constitution which obliges courts to administer justice without undue regard to procedural technicalities, and was inclined to overlook the omission and proceed to determine the application on its merits.

p. 2
02

Whether the delay in filing the appeal should be extended under Rule 4 of the Court of Appeal Rules

Holding

Yes; the delay was not inordinate, the reasons for the delay were reasonable and plausible, and the respondent would not suffer any prejudice if the application was allowed

Reasoning

The Court applied the settled principles for extension of time under Rule 4, considering the four factors: the length of the delay (the Notice of Appeal was filed timeously within 11 days of the judgment, hence no inordinate delay), the reason for the delay (the respondent's offer to settle the matter out of court, which the respondent did not deny, was found to be a reasonable and plausible explanation), the chances of the appeal succeeding (not for a Single Judge to determine), and the prejudice to the respondent (none, as they did not even respond to the motion despite service).

p. 3

Legal principles established

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  • The Court has wide and unfettered discretion in deciding whether to extend time under Rule 4, but must exercise that discretion judiciously, taking into account the length of the delay, the reason for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondent.
  • Courts are obliged under Article 159(2)(d) of the Constitution to administer justice without undue regard to procedural technicalities.

Court orders

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  1. 1.The applicant's motion dated 19th July 2024 is allowed as prayed
  2. 2.Time limited for filing and service of the Notice of Appeal against the judgment of S. Okongo J delivered on 04/10/2021 in Nairobi ELCA No. 50 of 2015 is extended
  3. 3.The applicant shall proceed to file the appeal within a period of 30 days from the date of this ruling, failure to which these orders shall stand vacated
  4. 4.The costs of this motion shall abide the outcome of the intended appeal
On appeal from
Environment and Land Court
Nairobi ELCA No. 50 of 2015
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules

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, "Mahugu v Equity Bank Limited (Civil Application E472 of 2024) [2025] KECA 1218 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1218/eng@2025-07-04

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