Uniqueloo Limited & 1 other v Rachel Wanjiku Ngethe
The bottom line
#Kenya's Court of Appeal allowed a late appeal because the judgment was posted online late, confirming short, explained delays can be excused.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay of about 22 days in filing the notice of appeal was excusable
The delay was short and explained: the judgment was only posted on the judiciary dashboard on 14th July, 2025, and counsel filed the notice promptly two days later.
The court found from the coram that the applicants were absent at judgment delivery, and there was no rebuttal evidence contradicting counsel's assertion that the judgment was not available until 14th July 2025. The delay of about 22 days was short, the explanation plausible and excusable, and the respondent would not be prejudiced because extension of time does not stay execution.
Whether the respondent would suffer prejudice if the extension is granted
The respondent's fear of being locked out of the fruits of her judgment was misplaced because granting extension of time does not stay execution of the judgment.
The court reasoned that the respondent's apprehension was unfounded since a grant of extension of time does not amount to a stay; the respondent remains free to execute the judgment. There was no replying affidavit, only submissions, and no evidence rebutting the applicants' explanation of the delay.
Legal principles established
#- Extension of time under rule 4 is governed by settled factors: length of and reason for delay, chances of the appeal, prejudice to the respondent, effect on public administration, importance of compliance with time limits, and other relevant factors.
Court orders
#- 1.The application dated 22nd July, 2025 is allowed
- 2.The notice of appeal lodged on 16th July, 2025 is deemed duly filed and served
- 3.The appeal shall be filed and served within forty-five (45) days of the Ruling
- 4.Costs shall abide the outcome of the intended appeal
- On appeal from
- High Court
- Kiambu Civil Suit no. 16 of 2020
- Jurisdiction invoked
- Rule 4 of the Court of Appeal Rules, 2022 (extension of time)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Uniqueloo Limited & 1 other v Rachel Wanjiku Ngethe", Case Analysis (2026). Application dated 22nd July, 2025 (arising from intended appeal against Kiambu Civil Suit no. 16 of 2020). Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/141/eng@2026-01-30
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.