Tom Chore Odiara & 1 other v Falcon Properties Ltd & 1 other
The bottom line
#The Court of Appeal granted extra time for a short 3-day delay to seek Supreme Court review, requiring the application to be filed within 7 days.
What this practically means
#Executive summary
#Key legal issues
#Whether a 3-day delay in filing an application for certification is inordinate
A delay of 3 days is not inordinate, and where the explanation is plausible and the intended issues are not frivolous, extension of time should be granted.
The single judge exercised the Rule 4 discretion by applying the Fakir Mohammed factors. The delay was short, the explanation (the file not being availed in time after judgment) was accepted as plausible, the respondents did not oppose, and the intended certification issues were found not frivolous. The application was allowed subject to a 7-day filing condition.
Non-opposition by respondents
The application was unopposed as no replying affidavit or submissions were filed despite service.
The court noted service of the hearing notice and application on the respondents, who filed neither a replying affidavit nor submissions. The decision therefore proceeded on an unopposed basis, though the court still independently applied the Rule 4 factors.
Legal principles established
#- The factors governing extension of time under Rule 4 are those set out in Fakir Mohammed v Joseph Mugambi: period of delay, reason for delay, chances of appeal succeeding, prejudice to the respondent, effect on public administration, importance of compliance with time limits, resources of the parties and public importance - all relevant but not exhaustive.
Court orders
#- 1.Leave granted to enlarge time to file the application for certification
- 2.The application for certification to be filed and served within 7 days from the date of the ruling, failing which the leave granted will automatically lapse
- On appeal from
- Court of Appeal
- Civil Appeal No. 356 of 2018
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules (application for certification under Article 163(4)(b) of the Constitution intended)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Tom Chore Odiara & 1 other v Falcon Properties Ltd & 1 other", Case Analysis (2025). Civil Application (Rule 4) arising from Civil Appeal No. 356 of 2018. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2046/eng@2025-11-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.