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Court of AppealAllowedCivil Application E092 of 2026· [2026] KECA 1848 (KLR)
Naran v Lakhman
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·~3 min to read original · ~4 min briefThe bottom line
#Kenya's Court of Appeal gave a man four extra months to file his appeal, ruling the delay was explained and caused no unfairness.
What this practically means
#Executive summary
#This is a single-judge ruling of the Court of Appeal at Eldoret (Gachoka, JA) on a Notice of Motion dated 13th July 2026 by Manilal Ravji Naran seeking leave to appeal out of time against a ruling delivered on 1st March 2026 by R. Nyakundi, J. in Succession Cause No. E020 of 2020, and deeming of his Notice of Appeal as properly filed. The application was brought under section 4 of the Appellate Jurisdiction Act and Rules 41 and 49 of the Court of Appeal Rules 2022. The applicant explained that the ruling was delivered without notice to his advocate; he learned of it on 5th May 2026 through a call from the bank, and was unwell, undergoing treatment for an enlarged prostate. The respondent opposed, asserting continuous representation and lack of explanation for the delay. Applying the settled Fakir Mohamed principles - length of and reason for delay, chances of success, prejudice, and other relevant factors - the court found the four-month delay not inordinate and sufficiently explained. It granted leave to appeal out of time, deemed the notice of appeal duly filed, directed filing of the memorandum and record of appeal within 30 days, and ordered that costs of the application abide the outcome of the appeal. The decision below was not disturbed; the ruling is interlocutory and procedural.
Key legal issues
#01
Whether the delay of about four months in filing the notice of appeal was inordinate and sufficiently explained
Holding
The delay of four months was not inordinate and was sufficiently explained by the applicant's lack of notice of the ruling and illness.
Reasoning
The ruling was delivered on 1st March 2026 without notice to the applicant's advocate; he learned of it on 5th May 2026 and filed the application on 13th July 2026. The court found the four-month period not inordinate and sufficiently explained, warranting exercise of discretion in his favour.
p. 2
Legal principles established
#- The factors for extension of time under Rule 4 are settled: delay, reason for delay, chances of appeal succeeding, prejudice to respondent, and other relevant but not exhaustive factors.
Court orders
#- 1.Leave to appeal out of time granted against the decision in Eldoret High Court Succession Cause No. E020 of 2020 delivered on 1/3/2026
- 2.The notice of appeal deemed as duly filed
- 3.Applicant directed to file memorandum of appeal and record of appeal within 30 days from the date of the order
- 4.Costs of the application to abide the outcome of the appeal
- On appeal from
- High Court of Kenya at Eldoret
- Succession Cause No. E020 of 2020
- Jurisdiction invoked
- Section 4 of the Appellate Jurisdiction Act and Rules 4, 41 and 49 of the Court of Appeal Rules 2022 (extension of time / leave to appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Naran v Lakhman", Case Analysis (2026). Civil Application E092 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1848/eng@2026-09-25
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.