Nduhiu & 5 others v Francis Odhiambo T/A Upako Center
The bottom line
#The Environment and Land Court dismissed a landlord's bid to revive his struck-out defence because he waited 16 months and offered no convincing excuse.
What this practically means
#Executive summary
#Key legal issues
#Whether sufficient cause was shown for review of the October 29, 2019 order
No sufficient cause was shown; the defendant was given ample time and multiple extensions but failed to comply, and the excuses relied on (Covid-19, associate advocate's neglect, distress for rent) were invalid.
The court traced the procedural history: the defendant repeatedly failed to comply with Order 11 despite indulgences by the Deputy Registrar and the court. Covid-19 postdated the order; the advocate's internal failures and rent distress were not the defendant's excuse. Indolence disentitled him to the discretionary relief of review.
Whether the review application was brought without unreasonable delay
The application filed 1 year and 4 months after the order was inordinately delayed with no reasonable explanation.
Relying on Francis Origo and Kenya Power v Benzene Holdings, the court held that delay is an independent requirement; even a meritorious ground fails if the application is late without explanation. The 16-month delay here was unexplained and the defendant was indolent.
Legal principles established
#- An advocate's own neglect of duty cannot found a review of a court order
- A review application must be brought without unreasonable delay
- Sufficient cause must be rational, plausible, logical, convincing, reasonable and truthful, leaving no unexplained gaps
Court orders
#- 1.The Notice of Motion dated March 3, 2021 is dismissed with costs
- Jurisdiction invoked
- Sections 3A and 63(e) of the Civil Procedure Act and Order 51 Rule 1 of the Civil Procedure Rules; review under section 80 of the Civil Procedure Act and Order 45 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nduhiu & 5 others v Francis Odhiambo T/A Upako Center", Case Analysis (2022). Environment and Land Case Civil Suit 514 of 2016. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2022/13769/eng@2022-10-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.