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Court of AppealOtherNotice of motion dated 14th November 2025 (arising from Kitale ELC No. E003 of 2021)

Adongo & another v Amuze & another (Civil Application E081 of 2025) [2026] KECA 21 (KLR)

Court of Appeal
23 January 2026
JMJ. Mativo
400 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The applicants withdrew their bid to appeal a Kitale land judgment late, so the Court of Appeal made no decision and ordered no costs.

What this practically means

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Executive summary

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This is a short procedural ruling of the Court of Appeal at Eldoret delivered by J. Mativo, JA, on 23rd January 2026. The applicants, Ben Mutenyo Adongo and Jackson Angaine, moved the court by notice of motion dated 14th November 2025 seeking enlargement of time to file and serve a notice of appeal, and leave to appeal out of time against the judgment of Hon. Justice CK Nzili delivered on 8th October 2025 in Kitale ELC No. E003 of 2021. The application invoked sections 1A, 1B and 3A of the Civil Procedure Act, sections 3A, 3B and 7 of the Appellate Jurisdiction Act, rules 4, 76 and 78 of the Court of Appeal Rules 2022, and article 159(2)(d) of the Constitution. The grounds were that their advocate came on record after judgment, requested certified copies of the proceedings and judgment, and that the delay in lodging the notice of appeal was not deliberate. The 1st respondent opposed by a replying affidavit sworn on 20th January 2026, maintaining that the judgment had already been implemented and the intended appeal was overtaken by events. Before the court could rule, the applicants filed a notice of withdrawal dated 20th January 2026. The court accordingly marked the application as withdrawn with no orders as to costs. No substantive extension-of-time principles were determined and the ruling sets no binding precedent.

Key legal issues

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Legal principles established

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    Court orders

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    1. 1.The application dated 14th November 2025 was marked as withdrawn with no orders as to costs

    The bench

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

    JM
    majority

    Wrote the judgment

    On appeal from
    Environment and Land Court
    Kitale ELC No. E003 of 2021
    Jurisdiction invoked
    Sections 1A, 1B, 3A of the Civil Procedure Act; sections 3A, 3B & 7 of the Appellate Jurisdiction Act; rules 4, 76 & 78 of the Court of Appeal Rules 2022; article 159(2)(d) of the Constitution

    Relief refused

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    Extension of time to file and serve notice of appeal and leave to appeal out of time

    The applicants themselves withdrew the application by a notice of withdrawal dated 20th January 2026, so the court did not determine the merits.

    p. 2

    Costs

    No orders as to costs

    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.

    In the circumstances, the application dated 14th November 2025 is hereby marked as withdrawn with no orders as to costs.
    p. 2Final orders - withdrawal of extension-of-time application

    Issues in the judgment

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    minor

    Delivery date mis-spelt in the judgment: 'JANAURY' for January, and the names of the respondents are not given on the record reproduced.

    minor

    The coram lists only one judge even though the ruling appears as a court delivery; no other bench members are named.

    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, "Adongo & another v Amuze & another (Civil Application E081 of 2025) [2026] KECA 21 (KLR)", Case Analysis (2026). Notice of motion dated 14th November 2025 (arising from Kitale ELC No. E003 of 2021). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/21/eng@2026-01-23

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