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Court of AppealOtherEldoret Civil Application (extension of time) dated 30th April 2026· [2026] KECA 1636 (KLR)
Rabadia & another v Naran & 3 others (Civil Application E049 of 2026) [2026] KECA 1636 (KLR)
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·~1 min to read original · ~4 min briefThe bottom line
#The Court of Appeal postponed deciding an extension-of-time request because the applicants never proved they served the other side, so the appeal question remains open.
What this practically means
#Executive summary
#This is a brief interlocutory ruling by a single Judge of Appeal (Nduma Nderi, JA) at Eldoret on a Notice of Motion dated 30th April 2026 brought under section 6 of the Appellate Jurisdiction Act and rules 4, 42 and 75 of the Court of Appeal Rules. The applicants, led by Ravji Naran Rabadia, sought extension of time to file a notice of appeal and an appeal against a ruling delivered in Eldoret HC Succession Cause No. E020 of 2020 on 1st March 2026. They contended they were denied an opportunity to tender evidence on their dependence, that the ruling was delivered without notice to the parties, and that they only learned of it on 23rd April 2026, by which time the 14-day period for filing the notice of appeal had lapsed. They asserted the appeal was arguable and that the respondents would suffer no prejudice. The respondents filed no replying affidavit or submissions. The court noted that although hearing directions had been issued to all parties on 10th July 2026, the applicants adduced no evidence of serving their application and submissions on the respondents. The Judge held that this omission, while not fatal, meant the application could not be considered in the absence of any filing by the respondents. The court made no substantive determination and no costs order; it referred the matter to the Deputy Registrar for further directions on disposal by a single Judge. The decision is procedural and sets no binding precedent.
Key legal issues
#Legal principles established
#Court orders
#- 1.The matter is referred to the Deputy Registrar for issuance of further directions on the disposal of the application by a single Judge
- On appeal from
- High Court of Kenya at Eldoret
- HC Succession Cause No. E020 of 2020
- Jurisdiction invoked
- Section 6 of the Appellate Jurisdiction Act and rules 4, 42 and 75 of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Rabadia & another v Naran & 3 others (Civil Application E049 of 2026) [2026] KECA 1636 (KLR)", Case Analysis (2026). Eldoret Civil Application (extension of time) dated 30th April 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1636/eng@2026-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.