Chanase Investments Ltd v Keruzi Enterprises Ltd & 7 others (Civil Appeal (Application) 30 of 2017) [2026] KECA 399 (KLR)
The bottom line
#A Kenyan company's bid to revive its dismissed appeal failed because the Court of Appeal found its reinstatement application unnecessary and premature, leaving the appeal dismissed.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicant's application dated 3rd June 2025 was filed within the thirty-day period prescribed by rule 105(3) for restoration of an appeal dismissed for non-appearance
Key legal issues
#Whether an extension of time was needed to apply for restoration under rule 105(3)
No; the application dated 3rd June 2025 was within the thirty-day period from the 5th May 2025 dismissal, the last day being 4th June 2025 by the court's calculation (apparently treating the window as not yet closed), so the application was unnecessary and premature and was dismissed
Rule 105(3) requires a restoration application to be made within thirty days after the decision, or, for an unserved party, within thirty days of first hearing of the decision. The appeal was dismissed on 5th May 2025 and the application was dated 3rd June 2025. The court computed the last day for the application and concluded the applicant was still within time, rendering the extension-of-time prayer unnecessary and premature.
Legal principles established
#- Where an appeal is dismissed for non-appearance under rule 105(1), an application for restoration must be made within thirty days after the decision of the Court, and an application made within that window is in time and does not require an extension of time
Court orders
#- 1.The application dated 3rd June 2025 is dismissed with no order as to costs
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Rule 105(1) as read with rule 105(3) of the Court of Appeal Rules, 2022
Relief refused
#Enlargement/extension of time within 30 days to file an application to reinstate Appeal No. 30 of 2017
The court found the application unnecessary and premature because the thirty-day window under rule 105(3) had not yet expired when it was filed
Costs
Dismissed with no order as to costs
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
When this appeal was called out for hearing this morning, there was no appearance for either party despite notice of hearing having been served. In the circumstances, the appeal is dismissed for non-appearance under rule 105(1) of the Court of Appeal Rules with no orders as to costs.
In the premises, I find that this application was unnecessary and premature.
It is hereby dismissed with no order as to costs.
Issues in the judgment
#Internal contradiction: the court computed that the application was still within time under rule 105(3), yet dismissed it as 'unnecessary and premature' rather than treating it as a properly-timed restoration application; no case name or appeal number is given for the decision under rule 105(1), and the ruling is authored by a single judge (Odunga JA) while the original dismissal was by a three-judge bench
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Chanase Investments Ltd v Keruzi Enterprises Ltd & 7 others (Civil Appeal (Application) 30 of 2017) [2026] KECA 399 (KLR)", Case Analysis (2026). Civil Application (reinstatement application) arising from Appeal No. 30 of 2017. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/399/eng@2026-02-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.