Ngomeni Swimmers Limited v Tabu Tuva Khonde & 1 other
The bottom line
#Kenya's Court of Appeal refused to forgive an 86-day filing delay, confirming that unexplained delay and an unarguable appeal will cost you your case.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay in seeking extension of time was inordinate and explained
The 86-day delay after the striking out was inordinate and unexplained; the Applicant was guilty of laches and undeserving of the equitable discretion
The Applicant's initial Notice and Record of Appeal were struck out on 24th October 2025 for being filed out of time without leave. The Applicant did not move the court immediately; the present application came 86 days later. No explanation was given for that delay. Equity aids the vigilant, and the Applicant, approaching the court for an equitable discretionary remedy, failed that standard.
Whether the intended appeal was arguable
The intended appeal was not arguable: the only issue before the ELC was a pure point of law on non-compliance with Rule 11 of the Advocates Remuneration Order, on which the Applicant had no answer
The notice of objection to taxation was filed outside the 14 days prescribed by Rule 11(1) of the Advocates Remuneration Order, and no leave under Rule 11(4) was obtained. In the absence of leave the notice of objection was irregular and could not support the reference, which was struck out as incompetent. The issue being one of law, the Applicant had no answer before the ELC or this Court.
Legal principles established
#- Rule 4 grants the Court unfettered discretion to extend time, which must be exercised judiciously, considering length and reason for delay, arguability of the appeal and prejudice to the respondent
Court orders
#- 1.The Applicant's Notice of Motion application dated 13th January 2026 is dismissed with costs to the Respondents
- On appeal from
- Environment and Land Court at Malindi
- 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, "Ngomeni Swimmers Limited v Tabu Tuva Khonde & 1 other", Case Analysis (2026). Notice of Motion application dated 13th January 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1177/eng@2026-06-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.