Ekodor Norman & 2 others v Naipa Supermarket Limited
The bottom line
#Kenya's Court of Appeal allowed a late appeal because the ten-day delay was short, ruling you never need certified judgment copies to file a Notice of Appeal.
What this practically means
#Executive summary
#Key legal issues
#Extension of time to file Notice of Appeal under rule 4
The application was allowed despite the unmerited explanation, because it was filed promptly (ten days after the lapse of time) and in the interest of justice.
The court found the applicants' explanation - inability to obtain certified copies of the judgment and proceedings - to be a 'lackadaisical argument' since a Notice of Appeal does not require certified copies. Nevertheless, weighing the factors for extension of time (merit, prejudice, length of delay), the court held that a short ten-day delay, with a timeously filed application, favoured the exercise of discretion in the applicants' favour.
Whether failure to obtain certified copies excuses late filing of a Notice of Appeal
No; certified copies of proceedings and judgment are not required to lodge a Notice of Appeal.
The applicants attributed their failure to file the Notice of Appeal within the rule 77 timelines to their inability to access certified copies of the judgment and proceedings. The court rejected this reasoning, adopting the respondent's position that no certified copies are needed for a Notice of Appeal, and described the argument as lackadaisical. This did not, however, defeat the application given the short delay.
Legal principles established
#- In an extension-of-time application the court considers the merit of the appeal, prejudice to the respondent, and the period and length of delay
- A party does not need certified copies of the proceedings and judgment to lodge a Notice of Appeal
Court orders
#- 1.The Notice of Motion dated 23rd May 2025 is allowed
- 2.The applicants shall file and serve their Notice of Appeal within seven days from the date of the order
- 3.The Notice of Appeal dated 13th May 2025 deemed as properly on record (sought; the court allowed the motion granting extension of time)
- 4.Costs of the application to abide the outcome of the appeal
- On appeal from
- High Court of Kenya
- Lodwar HCCA No. E001 of 2022
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules, 2022
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ekodor Norman & 2 others v Naipa Supermarket Limited", Case Analysis (2026). Notice of Motion dated 23rd May 2025 (Eldoret). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/22/eng@2026-01-23
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.