Susan Kimeli Sugut v David Yatich & 1 other
The bottom line
#The Court of Appeal refused to excuse a 21-month delay in filing an appeal, ruling that waiting too long forfeits your right to challenge a judgment.
What this practically means
#Executive summary
#Key legal issues
#Whether the 21-month delay in seeking extension of time was excusable
The delay was inordinate and inexcusable; allegations about the dispute's merits cannot substitute for an explanation of delay
The Court applied the Salat principles, noting the prescribed period under Rule 77(2) expired on 19th July 2023 and the application was filed on 11th April 2025. The applicant's complaints of demolition and fraudulent eviction orders arose on the very day of filing and explained the urgency, not the delay. The Court held she had completely abandoned any intention to appeal for 21 months, conduct which cannot be countenanced.
Whether the respondents would suffer prejudice
Granting the extension after 21 months of silence would be manifestly unfair to respondents entitled to assume the judgment was accepted
The Court reiterated that after such a lapse the respondents were entitled to arrange their affairs on the footing that the judgment stood, citing Samuel Mbugua Githere v Kimungu. Significant prejudice would flow from disturbing that assumption, which weighed decisively against the extension.
Legal principles established
#- Extension of time is not a right but an equitable remedy available only to a deserving party, at the Court's discretion, upon satisfactory explanation of delay and absence of prejudice to the respondent.
- A party who does not file a notice of appeal within the prescribed period is entitled to assume that the other party has accepted the High Court decision and to order their affairs accordingly.
Court orders
#- 1.The application for extension of time is dismissed for lack of merit
- On appeal from
- High Court of Kenya at Nakuru
- Not stated
- Jurisdiction invoked
- Inherent discretion to extend time under Rule 77(2) of the Court of Appeal Rules, 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Susan Kimeli Sugut v David Yatich & 1 other", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1648/eng@2025-10-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.