Dr. Samson K.a. Tim v Tabarno Koima & 9 Others
The bottom line
#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
#Executive summary
#Key legal issues
#Length of delay
A 6-day delay is minimal and weighs in favour of granting extension.
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.
Reason for delay
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.
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.
Arguability of the intended appeal
The intended appeal raises arguable issues on the 3rd respondent's inclusion as beneficiary, estate property findings, and apportionment of administration costs.
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.
Leave to appeal in succession matters
Whether leave to appeal is required in succession matters is for the appellate court hearing the appeal, not the extension-of-time application.
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.
Legal principles established
#- 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
#- 1.Extension of time granted to file and serve the Notice of Appeal and Record of Appeal out of time
- 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
#Practical implications
#Frequently asked questions
#Cite this brief
#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.