Nichodemus Emuron Lowoton & 1 other v Charles Ejore Lorogoi & 5 others
The bottom line
#The Court of Appeal refused to forgive a seven-month delay in filing an appeal record because the applicants offered no real evidence explaining it.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay of about 7 months in filing the record of appeal was excusable
The delay was not explained; the applicants failed to show when the trial file was returned to the registry, did not copy the request for proceedings to the respondents, and did not annex a memorandum of appeal or certificate of delay.
Rule 4 confers a discretion to extend time, guided by the factors in Karny Zahrya v Shalom Levi: length of and reasons for delay, prejudice, conduct of parties, and chances of success. The onus lies on the applicant to give good reasons. The sole reason offered - the trial judge's transfer with the file - was a general statement with no evidence of the file's return, of receipt of proceedings, or of a certificate of delay. The applicants approached the court casually, and the delay was unexplained.
Legal principles established
#- An applicant for extension of time bears the duty to explain the delay, and the exercise of discretion must be based on good reasons; a general statement that the trial judge went on transfer with the file, without evidence of when the file was returned or that proceedings were obtained, does not suffice.
Court orders
#- 1.The application dated 14th October 2025 is dismissed in its entirety
- 2.Costs to the respondents
- On appeal from
- Kitale Environment and Land Court (ELC)
- Jurisdiction invoked
- Rules 2, 4, 74(1) and 76 of the Court of Appeal Rules 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nichodemus Emuron Lowoton & 1 other v Charles Ejore Lorogoi & 5 others", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2033/eng@2025-11-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.