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Court of AppealAllowedNot stated in the judgment

Seria Limited v Munene (Civil Application E182 of 2025) [2025] KECA 1993 (KLR)

Court of Appeal of Kenya
21 November 2025
987 words in judgment
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The bottom line

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Kenya's Court of Appeal allowed a six-month late appeal to proceed, showing courts will extend time when the delay is explained and no one is unfairly prejudiced.

What this practically means

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Executive summary

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This is a single-judge ruling of the Court of Appeal at Nairobi (F. Sicha, JA) delivered on 21st November 2025 on Seria Limited's motion dated 6th March 2025. The applicant sought extension of time to file a Notice of Appeal out of time and to file the Memorandum and Record of Appeal, following a judgment delivered at Kajiado ELC on 26th September 2024 in a land dispute. The applicant, through its director John Simel Sokoto, explained the delay of roughly six months by a breakdown of communication between the applicant and its previous advocates, and asserted that it had an arguable appeal. The respondent was served but filed no response and did not appear. Applying the well-established Rule 4 principles, drawing on Mwangi v Kenya Airways Limited, the court held the delay was not inordinate, the explanation was plausible and uncontested, and arguability could not be determined at the single-judge stage. The respondent, already in occupation of the suit property, would suffer no prejudice, whereas refusal would shut the applicant out from the seat of justice. The motion was allowed as prayed: the Notice of Appeal was deemed properly filed, time was extended for filing the Memorandum and Record of Appeal, with 14 days to file the appeal failing which the orders would stand vacated, and costs were made to abide the outcome of the intended appeal. The decision below was not disturbed; this ruling concerns only procedural leave to appeal.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the delay of about 6 months in filing the Notice of Appeal was inordinate
  2. 2.Whether the reasons proffered for the delay (breakdown of communication with former advocates) were sufficient
  3. 3.Whether the intended appeal was arguable
  4. 4.Whether the respondent would suffer prejudice if the extension were granted

Key legal issues

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01

Extension of time to file a Notice of Appeal and Record of Appeal under Rule 4

Holding

The motion was allowed: a delay of about 6 months was held not inordinate, the reasons (communication breakdown with previous advocates, uncontested by the respondent) were held plausible and sufficient, and no prejudice to the respondent was established.

Reasoning

Applying the established Rule 4 guidelines, the single judge considered the length of the delay, the explanation offered, arguability and prejudice. The delay of roughly six months was not considered inordinate on the facts. The explanation of a communication breakdown between the applicant and its former advocates was uncontested, as the respondent filed no response despite service. The judge declined to determine arguability at the single-judge stage. The respondent, already in occupation of the suit property, would suffer no prejudice, whereas refusal would shut the applicant out from the seat of justice.

p. 3

Legal principles established

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  • The Court of Appeal has wide and unfettered discretion under Rule 4 to extend time, but the discretion must be exercised judiciously.

Court orders

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  1. 1.The Notice of Appeal dated and filed on 26th February 2025 at Kajiado ELC allowed out of time and deemed properly filed within time
  2. 2.Time extended for filing the Memorandum of Appeal and Record of Appeal
  3. 3.The applicant to file the appeal within 14 days from the date of the ruling, failing which the orders shall stand vacated
  4. 4.Costs of the motion to abide the outcome of the intended appeal

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

On appeal from
Environment and Land Court, Kajiado
Not stated
Jurisdiction invoked
Sections 3A & 3B of the Appellate Jurisdiction Act; Sections 1A, 1B & 3A of the Civil Procedure Act; Rules 4 and 77 of the Court of Appeal Rules 2022; Article 159(2)(b) and (e) of the Constitution of Kenya, 2010

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The Court has wide and unfettered discretion in deciding whether to extend time or not. However, in exercising its discretion, the Court should do so judiciously.
p. 2Rule 4 discretion
I consider the reasons given for the delay to be reasonable/ plausible and ultimately therefore, I am of the considered opinion that the delay herein has been suficiently explained to the satisfaction of this Court.
p. 2Sufficiency of explanation for delay
Accordingly, the applicant’s motion dated 6th March 2025, is merited and the same is hereby allowed as prayed.
p. 3Final orders - disposal
The applicant shall proceed to file the appeal within a period of 14 days from the date of this ruling, failure to which these orders shall stand vacated.
p. 3Final orders - conditions
The costs of this motion shall abide the outcome of the intended appeal.
p. 3Final orders - costs

Issues in the judgment

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minor

The judgment is described as a ruling on a motion rather than a full appellate judgment; it does not state the case number, neutral citation, the respondent's name, or the case number and judge of the decision appealed from.

minor

The decision below is described as a judgment delivered on 26th September 2024 at Kajiado ELC, but no court, case number or judge is identified.

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, "Seria Limited v Munene (Civil Application E182 of 2025) [2025] KECA 1993 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/1993/eng@2025-11-21

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