Skip to content
AI-generated case briefs sourced from Kenya Law · Not legal advice
AI-generated case brief
Case Brief · caselaw.co.ke
Court of AppealDismissedApplication dated 12th February 2025 (Court of Appeal)· [2025] KECA 2052 (KLR)

Patel v Ismail Rahimtullah Trustees Registered & 3 others (Civil Application E083 of 2025) [2025] KECA 2052 (KLR)

Court of Appeal of Kenya
28 November 2025
1,820 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~7 min to read original · ~4 min brief

The bottom line

#

The Court of Appeal refused to let a litigant appeal a 2018 land ruling after a nearly seven-year delay, confirming that unexplained delay defeats even potentially arguable appeals.

What this practically means

#

Executive summary

#
This is a single-judge ruling of the Court of Appeal at Nairobi, delivered by Mumbi Ngugi JA on 28th November 2025, on an application dated 12th February 2025 by Pragnesh Jitendra Patel seeking extension of time and leave to appeal out of time against a ruling of 29th March 2018 by Eboso J in ELC No. 375 of 2017. That ruling allowed the 1st and 2nd respondents' application for vacant possession of premises at Rahimtullah Towers and directed that the suit proceed to formal proof, culminating in a judgment of 25th July 2024 by Mbugua J against the applicant and co-defendants jointly and severally for Kshs. 22,607,727. The applicant, who had already appealed the final judgment, sought leave to challenge the interlocutory ruling, contending that it condemned him unheard. The respondents opposed, arguing that the application was an academic exercise, that no notice of appeal or letter bespeaking proceedings had been filed in respect of the ruling, and that the delay of some forty-five months (in fact close to seven years from ruling to application) was unexplained. Applying the settled Salat/Mutiso factors, the court found the delay inordinate and the explanations untenable: the applicant's defence was filed out of time, his amendment applications came years later and were dismissed, and no effort was made to appeal the ruling. Although the applicant arguably met the low arguability threshold, the court found arguability doubtful and held that excessive unexplained delay precludes extension of time in any event. The application was dismissed with costs to the 1st and 2nd respondents.

Key legal issues

#
01

Whether the close to seven-year delay was satisfactorily explained

Holding

The delay was inordinate and the explanation untenable; the applicant's litigation activity did not amount to an effort to appeal the ruling, and the application was an afterthought

Reasoning

The ruling was delivered on 29th March 2018 when no defence was on file. The defence was filed out of time a month later without leave; an amendment application came only four years later and was dismissed in February 2023, after which no effort was made to appeal the ruling. Prolonged engagement in the trial does not excuse failure to pursue an appeal against an interlocutory ruling.

p. 3
02

Whether the intended appeal was arguable

Holding

Although the applicant arguably met the low arguability threshold, the arguability of the appeal was found doubtful, and in any event excessive unexplained delay defeats the application regardless of arguability

Reasoning

The applicant raised grounds concerning the direction to proceed to formal proof without interlocutory judgment. Given the low threshold he might be said to have an arguable appeal, but the trial court had considered that no defence was filed at the time of the ruling, making arguability doubtful. Even if arguable, excessive unexplained delay precludes extension of time.

p. 4

Legal principles established

#
  • The factors for extension of time under rule 4 are the length of the delay, the reason for the delay, possibly the chances of the appeal succeeding, and the degree of prejudice to the respondent
  • There is no minimum or maximum period of delay; what matters is that any delay be satisfactorily explained, and even a single day's delay must be accounted for
  • Where delay is excessive and unexplained, extension of time and leave to appeal should not be granted even if the appeal may be arguable

Court orders

#
  1. 1.The application dated 12th February 2025 is dismissed with costs to the 1st and 2nd respondents

Authorities

#

Legislation

  • Appellate Jurisdiction Actsections 3, 3A, 3B, 7
  • Court of Appeal Rules 2022rules 4, 5(2)(b), 41, 43, 49(1)
  • Court of Appeal Rules 2022rule 82

Cases cited (7)

  • Salat v Independent Electoral and Boundaries Commission & 7 others
    [2014] KESC 12 (KLR)
  • Leo Sila Mutiso v Hellen Wangari Mwangi
    [1999] 2 EA 231
  • Andrew Kiplagat Chemaringo v Paul Kipkorir Kibet
    [2018] KECA 701 (KLR)
  • Bartilol & 3 others v Bartilol & another
    [2024] KECA 607 (KLR)
  • Reliance Bank Ltd (In Liquidation) v Grandways Ventures Ltd & 2 Others
    [2007] KECA 18 (KLR)
  • John Mathenge Gaita v Beth Wahito Wambugu
    [2021] eKLR
  • Aviation Cargo Support Group Ltd v St. Mark Freight Services Ltd
    [2015] KECA 688 (KLR)
On appeal from
Environment and Land Court
ELC No. 375 of 2017
Jurisdiction invoked
Sections 3, 3A, 3B and 7 of the Appellate Jurisdiction Act and rules 4, 5(2)(b), 41, 43 and 49(1) of the Court of Appeal Rules 2022

Key timeline

#

Practical implications

#

Frequently asked questions

#

Cite this brief

#

Cite this brief

Caselaw, "Patel v Ismail Rahimtullah Trustees Registered & 3 others (Civil Application E083 of 2025) [2025] KECA 2052 (KLR)", Case Analysis (2025). Application dated 12th February 2025 (Court of Appeal). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2052/eng@2025-11-28

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