Bett v Hasham Lalji Properties Limited & 3 others
The bottom line
#Kenya's Court of Appeal refused to extend time to appeal because the applicant gave no evidence explaining the delay—bare claims are not enough.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay of about one month in filing the notice of appeal and two years in filing the record of appeal was excusable
The delay was inordinate and unexplained; the applicant failed to produce evidence of the notice of appeal, lack of notice of judgment, or illness
The court found the applicant's averments would have been credible had he placed evidence before the court demonstrating delivery of the judgment without notice, a copy of the notice of appeal he claimed to have filed, and evidence of his illness preventing instructions for nearly two years. Bare averments without documentary support could not satisfy the burden of laying a basis for extension.
Whether the applicant demonstrated an arguable appeal warranting the equitable indulgence
Even assuming arguability, the unexplained inordinate delay left no basis for exercising discretion
The court applied the established factors: length of delay, reasons for delay, chances of success and prejudice. Having found the delay inordinate and insufficiently explained, the court held there was no basis to exercise discretion in the applicant's favour, without needing to resolve the arguability of the intended appeal grounds.
Legal principles established
#- Extension of time is an equitable indulgence, not a right, and the applicant bears the burden of justifying it
- The rule 4 discretion, though unfettered, must be exercised judiciously considering length of delay, reasons, arguability and prejudice
Court orders
#- 1.The application dated 5th November 2021 is dismissed
- 2.No order as to costs
- On appeal from
- Environment and Land Court at Nairobi
- ELC Case No. 2234 of 2001
- Jurisdiction invoked
- Rule 4 and rule 20 of the Court of Appeal Rules - single judge discretion to extend time
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Bett v Hasham Lalji Properties Limited & 3 others", Case Analysis (2026). Civil Application E621 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1674/eng@2026-09-11
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.