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Case Brief · caselaw.co.ke
Court of AppealPartially AllowedNot stated in the ruling· [2025] KECA 1797 (KLR)

Samwel Parsoilal Seme v Odupoi Ole Saeni & 1 other

Court of Appeal
31 October 2025
1,164 words in judgment
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The bottom line

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Kenya's Court of Appeal granted a landowner extra time to appeal because his lawyers never told him he had lost the case.

What this practically means

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Executive summary

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This is a single-judge (Rule 4) decision of the Court of Appeal at Nakuru delivered by Warsame, JA on 31st October 2025, granting an extension of time to lodge a notice of appeal. The underlying dispute concerns land parcel Transmara/Nkararo/773. On 1st April 2025 the Environment and Land Court at Kilgoris allowed an appeal by the present respondents, set aside the Magistrate's Court judgment (MCELC No. 37 of 2021) which had favoured the applicant, and declared the respondents the rightful owners with costs. The applicant did not lodge a notice of appeal within 14 days as required by Rule 77(2) of the Court of Appeal Rules, 2022, explaining approximately 115 days of delay by his former advocates' failure to inform him of the judgment, his residence in the remote area of Lolgorian with poor network connectivity, and his prompt action once informed. The respondents opposed, arguing the applicant was responsible for tracking his case and had secretly sold the land to Moses Ntume Leshao. The court applied the established extension-of-time principles from Leo Sila Mutiso, Julius Kamau Kithaka and Athuman Nusura Juma, holding the discretion wide but judicious, finding the applicant candid and diligent once aware of the judgment, and finding the intended appeal (with 16 grounds) not frivolous. Time was extended, with 14 days to file and serve the notice of appeal, and no orders as to costs.

Key legal issues

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01

Reasons for the delay in lodging the notice of appeal

Holding

The applicant's explanation - that his previous advocates did not inform him of the adverse judgment, he lives in a remote area with poor network connectivity, and he acted promptly upon learning of the judgment - was candid and sufficient

Reasoning

The applicant was successful in the Magistrate's Court, no stay orders had been served on him, and he could reasonably rely on his advocates to inform him of the adverse appeal outcome. Upon learning of the judgment he promptly instructed new advocates who filed the notice of appeal and this application on the same day, 24th July 2025.

p. 2
02

Whether the intended appeal is frivolous

Holding

The appeal was not frivolous; the 16 grounds raised arguable questions on the trial court's consideration of objection proceedings No. 107/1990 and the lawfulness of the 1st respondent's registration

Reasoning

The court held that the memorandum of appeal with 16 grounds, on its face, demonstrated reasonable prospects of success, while emphasising that the single judge does not definitively determine the merits - that is for the full court.

p. 3

Legal principles established

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  • The discretion to extend time under Rule 4 is wide and unfettered but must be exercised judiciously and on reason, not arbitrarily or on whim
  • In an extension of time application the single judge considers the length of delay, reasons for it, prejudice, conduct of parties, balancing interests, public interest, and prima facie merits, but does not definitively determine the merits of the intended appeal

Court orders

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  1. 1.Extension of time granted within which the notice of appeal may be filed and served
  2. 2.The applicant has 14 days from the date of the ruling to file and serve the notice of appeal
  3. 3.No orders as to costs
On appeal from
Environment and Land Court at Kilgoris
ELC Appeal No. E004 of 2024
Jurisdiction invoked
Rule 4 of the Court of Appeal Rules, 2022 (discretion of a single judge to extend time; note Rule 77(2) requirement to lodge notice within 14 days)

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, "Samwel Parsoilal Seme v Odupoi Ole Saeni & 1 other", Case Analysis (2025). Not stated in the ruling. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1797/eng@2025-10-31

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