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Court of AppealDismissedCivil Application Nos. NAK E064 of 2025, NAK E065 of 2025 and NAK E066 of 2025

Royal Sian Limited & 2 others v Cove Investments Limited & 11 others (Civil Application E064, E065 & E066 of 2025 (Consolidated)) [2025] KECA 1386 (KLR)

Court of Appeal of Kenya
29 July 2025
2,154 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 refused to fast-track three applications, confirming that claiming harm is not enough—you must show waiting in the normal queue would defeat your case.

What this practically means

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Executive summary

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This is a ruling by Mativo, JA (sitting as a single judge at Nakuru) on the question of urgency in three consolidated applications, Civil Application Nos. NAK E064, E065 and E066 of 2025, all dated 25th June 2025. The applications had earlier been declined certification on 26th June 2025 and were set down inter partes under rule 49(5) of the Court of Appeal Rules, 2022. Counsel for the applicants, Prof. Ojienda, SC, submitted that the applicants' appeals had been dismissed without a hearing on the merits, that Royal Sian Ltd was not a party before the trial court despite being in occupation of suit land valued at over Kshs. 200 million as a bona fide purchaser, and that it faced eviction, execution and cancellation of title, rendering any appeal nugatory. The respondent's counsel opposed, noting the grounds were urged from the bar without affidavit support and that Royal Sian Ltd had known of the dispute since 2020. The Court restated the test for urgency: the applicant must show, with facts, that it cannot obtain substantial redress at a hearing in due course. Drawing on East Rock Trading and Mogalakwena, the Court held that harm is only a precondition to urgency, not its equivalent, and that the applicant bears a heavy burden to justify jumping the queue. Not persuaded that the threshold was met, the judge declined to certify the applications as urgent, leaving them to be allocated dates in the ordinary course under the Court's first-in-first-out policy. No costs order appears in the ruling.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether counsel for the applicants properly moved the Court by letter seeking a hearing on urgency under rule 49(5)
  2. 2.Whether the three applications presented a case to be allowed to jump the queue and get priority hearing

Key legal issues

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01

Test for certification of urgency under rule 49 of the Court of Appeal Rules, 2022

Holding

A matter is urgent only if the applicant demonstrates, with facts, that it cannot obtain substantial redress at a hearing in due course; harm is merely a precondition, not the equivalent of urgency.

Reasoning

The Court adopted the East Rock Trading formulation, holding that the rules permit the Court to assist a litigant only where waiting for the normal course would deprive the litigant of substantial redress. Irreparable harm applicable to interim relief is a distinct, higher concept; urgency requires something less but different. Whether substantial redress is unavailable is determined on the facts of each case, and the discretion is judicial, exercised after considering the application, certificate and supporting affidavit.

p. 5
02

Whether the applicants satisfied the urgency threshold

Holding

The applicants failed to satisfy the tests for urgency and were not permitted to jump the queue.

Reasoning

The applicants' submissions, including claims of eviction risk and possible nugatory appeal, were advanced largely from the bar without affidavit support, per the respondent. The single judge concluded the threshold of absent substantial redress in due course was not met and declined certification, directing the applications into the ordinary diary under the first-in-first-out policy.

p. 5

Legal principles established

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  • The test for urgency begins and ends with whether the applicant can obtain substantial redress in due course; harm is a precondition to urgency but does not found urgency.
  • An applicant seeking urgency carries a heavy duty of demonstrating why they should be allowed to bypass the ordinary queue, and the Court's discretion must be exercised judicially.

Court orders

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  1. 1.The applications were not certified urgent; the applicants were refused permission to jump the queue and the applications fall to be allocated dates in accordance with the Court's diary

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

On appeal from
Court of Appeal (prior bench: Mativo, Gachoka & Odunga JJA - appeals dismissed)
Jurisdiction invoked
Rule 49(5) of the Court of Appeal Rules, 2022
Consolidated with
NAK E065 of 2025, NAK E066 of 2025

Relief refused

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Certification of the three applications as urgent for priority hearing

The applicants failed to demonstrate that they cannot obtain substantial redress in due course; harm alone does not found urgency

p. 5

Costs

No costs order stated in the ruling.

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

In conclusion, it is my finding that the applicants in the three applications have not satisfied this Court that they should be permitted to jump the queue.
p. 5Final disposition - urgency refused
harm does not found urgency. Rather, harm is a mere precondition to urgency.
p. 5Relationship between harm and urgency
It is important to note that the rules require absence of substantial redress. This is not equivalent to the irreparable harm that is required before the granting of an interim relief.
p. 4Substantial redress distinguished from irreparable harm
Principally, the applicant carries a heavy duty of demonstrating the urgency and why he should be allowed to jump the queue.
p. 5Applicant's burden on urgency

Key timeline

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Practical implications

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Frequently asked questions

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Later judgments citing this (1)

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Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.

Cite this brief

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Cite this brief

Caselaw, "Royal Sian Limited & 2 others v Cove Investments Limited & 11 others (Civil Application E064, E065 & E066 of 2025 (Consolidated)) [2025] KECA 1386 (KLR)", Case Analysis (2025). Civil Application Nos. NAK E064 of 2025, NAK E065 of 2025 and NAK E066 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1386/eng@2025-07-29

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