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Court of AppealAllowedNot stated in the judgment

Anti-Counterfeit Authority (ACA) v Mariya Group Limited & another (Civil Application E317 of 2025) [2026] KECA 144 (KLR)

Court of Appeal of Kenya
30 January 2026
190 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~1 min to read original · ~4 min brief

The bottom line

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Kenya's Court of Appeal let an appellant serve her notice of appeal late because she explained the honest mistake and nobody opposed the request.

What this practically means

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Executive summary

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This is a short single-judge ruling of the Court of Appeal at Nairobi, delivered by F. Tuiyott, JA, on 30th January 2026, dealing with an unopposed notice of motion seeking enlargement of time to serve a notice of appeal upon the respondents. The notice of appeal, dated 13th August 2024, had been filed within time, but through inadvertence was not served on time. The applicant, Barbara Mwende Munguti, explained the omission in an affidavit sworn on 15th May 2025, describing the failure as unintentional and a normal omission, and expressing regret. The court accepted the explanation as plausible, noted that the motion was unopposed, and observed that no prejudice to the respondents from granting the enlargement had been demonstrated. The motion was accordingly allowed, with the notice of appeal to be served on the respondents within seven days of the order, and no order as to costs. The judgment notes a minor internal discrepancy in the motion's date, variously given as 15th April 2025 and 15th May 2025. No authorities were cited, and no issues of general application beyond the routine enlargement-of-time test (plausible explanation, absence of opposition, and no prejudice) were determined. The decision is interlocutory in nature and does not disturb any decision below.

Questions the Court framed

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

  1. 1.Whether the unopposed notice of motion seeking enlargement of time to serve the notice of appeal should be allowed
  2. 2.Whether the applicant's explanation for the late service of the notice of appeal was plausible
  3. 3.Whether the respondents would be prejudiced by the enlargement of time

Key legal issues

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01

Enlargement of time for service of a notice of appeal on grounds of inadvertence

Holding

The court allowed the enlargement because the failure to serve was unintentional, regretted, and explained by affidavit; the motion was unopposed and no prejudice was shown.

Reasoning

The applicant, Barbara Mwende Munguti, swore an affidavit on 15th May 2025 explaining that the notice of appeal, though filed on time on 13th August 2024, was not served on time due to inadvertence described as unintentional and a normal omission. The court found the explanation plausible, noted the motion was unopposed, and found no demonstration of prejudice to the respondents if enlargement was granted. It therefore allowed service within seven days with no order as to costs.

p. 1

Legal principles established

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  • An unexplained failure to serve a notice of appeal within the prescribed time may be excused where the applicant gives a plausible explanation for the inadvertence, the motion is unopposed, and no prejudice to the respondent is demonstrated.

Court orders

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  1. 1.The notice of motion dated 15th April 2025 (but should have been dated 15th May 2025) is allowed
  2. 2.The notice of appeal dated 13th August 2024 shall be served upon the respondents within seven (7) days of the order
  3. 3.No order as to costs

The bench

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

majority

Wrote the judgment

Jurisdiction invoked
Inherent jurisdiction under the Court of Appeal Rules to enlarge time for service of a notice of appeal (the specific rule is not named in the judgment)

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 notice of appeal dated 13th August 2024 shall be served upon the respondents within seven (7) days of this order. No order as to costs.
p. 1Final orders - enlargement of time to serve notice of appeal
I accept the explanation as plausible and as the motion is not opposed, it has not been demonstrated that to grant enlargement would prejudice the respondents.
p. 1Test for enlargement of time - plausible explanation and absence of prejudice

Issues in the judgment

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minor

The judgment contains internally inconsistent dates for the notice of motion, stating both 15th April 2025 and 15th May 2025.

minor

The affidavit supporting the motion is spelled 'afidavit' in the judgment.

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, "Anti-Counterfeit Authority (ACA) v Mariya Group Limited & another (Civil Application E317 of 2025) [2026] KECA 144 (KLR)", Case Analysis (2026). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/144/eng@2026-01-30

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