Museum View Office Suites Limited v Muri Mwaniki & Wamiti Advoates
The bottom line
#The Court of Appeal struck out an extension-of-time application because the applicant never obtained the mandatory leave to appeal a taxation ruling.
What this practically means
#Executive summary
#Key legal issues
#Jurisdiction to grant extension of time where leave to appeal was never sought
The Court had no jurisdiction; the application was struck out
Paragraph 11(3) of the Advocates (Remuneration) Order 2009 permits an appeal to the Court of Appeal from a judge's decision on a reference in taxation only with the judge's leave, and Rule 41(1) of the Court of Appeal Rules, 2022 prescribes the timelines and manner of applying for such leave. The applicant made no effort to seek leave from the trial court, nor extension of time within which to apply for leave. A party who does not seek leave has no standing before the Court, consistent with prior authority, so the Court must down its tools.
Leave requirement under paragraph 11(3) Advocates (Remuneration) Order and Rule 41(1) Court of Appeal Rules
Leave is mandatory and 'not otherwise'; an appeal without leave is not before the Court
The Court quoted paragraph 11(3) verbatim and Rule 41(1), which sets out when and how applications for leave are to be made - informally at the time of the decision, by motion or chamber summons within fourteen days, or within fourteen days of refusal by the superior court. The respondent's objection that no leave had been sought at all, and that no extension of time to apply for leave was sought, was upheld on this basis.
Legal principles established
#- An appeal against a judge's decision on a reference from a taxing officer lies to the Court of Appeal only with the leave of the judge; without such leave the Court of Appeal has no jurisdiction to entertain an application relating to that appeal
- Where a party has not obtained the requisite leave to appeal, the Court of Appeal must decline jurisdiction and strike out the application
Court orders
#- 1.The application is struck out with costs to the respondent
- On appeal from
- Environment and Land Court
- ELC Misc. Application No. 28 of 2018
- Jurisdiction invoked
- Court of Appeal Rules, 2022; paragraph 11(3) of the Advocates (Remuneration) Order 2009 (leave requirement for appeals from a reference in taxation)
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- J.M. Njenga & Co. Advocates LLP v Kimuri Housing Company Ltd (Environment and Land Miscellaneous Application E129 of 2023) [2026] KEELC 4391 (KLR)[2026] KEELC 4391 (KLR)14 Jul 2026followed
Cite this brief
#Cite this brief
Caselaw, "Museum View Office Suites Limited v Muri Mwaniki & Wamiti Advoates", Case Analysis (2025). Not stated in the judgment (Civil Application; notice of motion dated 28th December 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1962/eng@2025-11-21
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.