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Court of AppealDismissedCivil Application E305 of 2025

Gudka v Maranga t/a as the legal representative of Ramesh Sharma - Advocate & another

Court of Appeal
19 December 2025
1,495 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~6 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal refused to excuse a 21-month filing delay, ending an appeal because the applicant couldn't explain the delay.

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 by F Sichale JA on a motion dated 26th February 2025 by Virendra Ramji Gudka seeking extension of time to file a record of appeal against a ruling of the High Court (F. Mugambi J) dated 16th May 2023 in Milimani Misc Appl No. E762 of 2021. The applicant attributed the delay in filing to the High Court registry's late issuance of certified proceedings and decree, asserting that an innocent litigant should not suffer for registry delays. The respondents opposed, citing inordinate and unexplained delay of over 21 months, non-service of the bespeaking letter contrary to rule 84(2) of the Court of Appeal Rules, material non-disclosure, and the doctrine of laches, and relied on the Supreme Court's Salat decision on the burden of explaining each day of delay. Applying the settled rule 4 principles from Leo Sila Mutiso and Patel v Waweru, the court found the delay of about 1 year and 9 months inordinate; that the applicant offered no explanation for a further 5-month delay after the certificate of delay showed the proceedings were ready for collection; that it could not assess arguability sitting as a Single Judge; and that no prejudice would befall the applicant if the motion failed. The motion was dismissed in its entirety with costs to the respondents. The High Court ruling itself was not disturbed, as the intended appeal was never lodged.

Questions the Court framed

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

  1. 1.Whether the applicant has demonstrated sufficient cause to warrant extension of time to file the record of appeal under rule 4 of the Court of Appeal Rules
  2. 2.Whether the length of and reasons for the delay, and the prejudice to the parties, favour extension of time

Key legal issues

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01

Length of delay

Holding

A delay of about 1 year and 9 months in filing the record of appeal is inordinate

Reasoning

The impugned ruling was delivered on 16th May 2023 and the motion filed on 26th February 2025. The court computed the interval at roughly 1 year and 9 months and held that such a delay is plainly inordinate for purposes of the rule 4 discretion.

p. 3
02

Reason for delay

Holding

Delays by the High Court registry did not excuse the applicant, who gave no explanation for a further 5-month delay after the certificate of delay

Reasoning

Although the applicant blamed the registry for late issuance of certified proceedings, the certificate of delay showed the proceedings were ready for collection on 5th September 2024, yet the application was not filed until 26th February 2025, with no explanation for that additional 5-month gap.

p. 3
03

Arguability of intended appeal

Holding

A Single Judge cannot determine arguability of the intended appeal and made no finding on it

Reasoning

The court declined to assess the merits of the intended appeal, holding that sitting as a Single Judge it could not make a determination on arguability, and confined itself to the other rule 4 factors.

p. 3
04

Prejudice

Holding

The applicant failed to show it would suffer prejudice if extension of time was refused

Reasoning

On the final rule 4 factor, the court was not satisfied that refusal of the motion would cause the applicant any prejudice, completing its assessment that none of the applicable factors favoured extension of time.

p. 3

Legal principles established

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  • In deciding whether to extend time under rule 4, the court considers the length of the delay, the reason for the delay, the chances of the appeal succeeding, and the degree of prejudice to the respondent
  • The discretion under rule 4 is wide and unfettered but must be exercised judiciously

Court orders

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  1. 1.The applicant's motion dated 26th February 2025 is dismissed in its entirety
  2. 2.Costs of the application awarded to the respondents

The bench

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

majority

Wrote the judgment

On appeal from
High Court of Kenya
Milimani Misc Appl No. E762 of 2021
Jurisdiction invoked
Sections 3, 3A and 3B of the Appellate Jurisdiction Act; rules 4, 31, 39(b), 41, 43 and 47 of the Court of Appeal Rules 2010; article 159(2)(d) of the Constitution

Relief refused

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Leave to file the record of appeal out of time against the ruling of 16th May 2023

Delay of about 1 year and 9 months was inordinate and not sufficiently explained; no prejudice to the applicant if refused

p. 3

Deeming the record of appeal dated 26th February 2025 as duly filed

Follows from dismissal of the extension-of-time application

p. 3

Costs

Costs to the respondents

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 applicant’s motion dated 26th February 2025, is without merit and the same is hereby dismissed in its entirety with costs to the respondents.
p. 3Final orders - dismissal of extension of time application
the applicant has not demonstrated and satisfied the existence of the principles for consideration in the exercise of my unfettered discretion pursuant to rule 4 of this court to extend time.
p. 3Failure to satisfy rule 4 principles
It is now settled that the decision whether or not to extend the time for appealing is essentially discretionary.
p. 3Discretionary nature of extension of time
There has therefore been a delay of about 1 year and 9 months, which is no doubt inordinate.
p. 3Inordinate delay

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, "Gudka v Maranga t/a as the legal representative of Ramesh Sharma - Advocate & another", Case Analysis (2025). Civil Application E305 of 2025. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2025/2307/eng@2025-12-19

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