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Court of AppealAllowedCivil Application (unspecified number), Nakuru· [2025] KECA 1799 (KLR)

Dr. Samson K.a. Tim v Tabarno Koima & 9 Others

Court of Appeal of Kenya
31 October 2025
847 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 allowed an elderly man to appeal a family inheritance ruling despite filing six days late, saying short delays only need a reasonable explanation.

What this practically means

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Executive summary

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This was a single-judge application under rule 4 of the Court of Appeal Rules, 2022, read with sections 3A, 3B and 7 of the Appellate Jurisdiction Act, seeking extension of time to file and serve a Notice of Appeal and Record of Appeal out of time against the High Court's judgment of 28th February 2025 in Nakuru High Court Succession Cause No. 57 of 2008. The applicant, an elderly man born in 1960, explained that on learning of the adverse judgment on 7th March 2025 he collapsed at his advocate's office and needed time to recover; his notice of appeal, filed 20th March 2025, was 6 days late. The 3rd respondent opposed, arguing the application was incompetent for want of prior leave from the High Court, that no memorandum of appeal was annexed, that the collapse was unsupported by medical evidence, and that the High Court's findings on her status as spouse and on administration costs were correct. Applying the settled principles in Abdul Aziz Ngoma v. Mungai Mathayo and Fakir Mohamed v. Joseph Mugambi, Warsame, JA found the delay minimal and reasonably explained notwithstanding the absence of medical documentation, held the intended appeal raised arguable issues on the 3rd respondent's inclusion as a beneficiary, the estate property findings and the apportionment of administration costs, and deferred the leave-to-appeal question to the full court hearing the appeal. The application was allowed with no orders as to costs.

Key legal issues

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01

Length of delay

Holding

A 6-day delay is minimal and weighs in favour of granting extension.

Reasoning

The notice of appeal was due on 14th March 2025 but was filed on 20th March 2025. The court characterized the delay as minimal, being only 6 days beyond the stipulated period, and treated shortness of delay as a factor favouring the discretion being exercised in the applicant's favour.

p. 2
02

Reason for delay

Holding

An elderly litigant's emotional collapse on learning of an adverse judgment, even without medical evidence, is an acceptable explanation for a 6-day delay.

Reasoning

The court accepted that while no medical documentation was provided, the applicant's advanced age (born 1960) and the emotionally charged nature of family succession matters rendered the delay understandable. The court held that the standard is reasonableness, not perfection, and no medical certificate is strictly indispensable.

p. 2
03

Arguability of the intended appeal

Holding

The intended appeal raises arguable issues on the 3rd respondent's inclusion as beneficiary, estate property findings, and apportionment of administration costs.

Reasoning

Examining the draft Notice of Appeal and impugned judgment, the court found issues concerning the inclusion of the 3rd respondent as a beneficiary despite allegations she was not validly married to the deceased's son, findings regarding estate property, and apportionment of costs of administration, all meriting judicial consideration.

p. 2
04

Leave to appeal in succession matters

Holding

Whether leave to appeal is required in succession matters is for the appellate court hearing the appeal, not the extension-of-time application.

Reasoning

The court acknowledged there is no express automatic right of appeal from the High Court exercising original jurisdiction under the Law of Succession Act, but held that for purposes of extension of time it suffices that the applicant demonstrated an intention to appeal and gave an acceptable explanation for the delay.

p. 2

Legal principles established

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  • An applicant for extension of time must demonstrate sufficient reason, with the court considering the period of delay, the reason for the delay, and the chances of the appeal succeeding.
  • The law requires reasonableness, not perfection, in explaining a short delay.

Court orders

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  1. 1.Extension of time granted to file and serve the Notice of Appeal and Record of Appeal out of time
  2. 2.No orders as to costs
On appeal from
High Court of Kenya
Nakuru High Court Succession Cause No. 57 of 2008
Jurisdiction invoked
Sections 3A, 3B and 7 of the Appellate Jurisdiction Act, Cap. 9, and rules 4, 20(2), 43 and 77 of the Court of Appeal Rules, 2022

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, "Dr. Samson K.a. Tim v Tabarno Koima & 9 Others", Case Analysis (2025). Civil Application (unspecified number), Nakuru. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1799/eng@2025-10-31

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