Laichena v M’laichena & 5 others
The bottom line
#A Kenyan court reinstated a land appeal dismissed for delay, but only on strict conditions including a Kshs.150,000 security deposit.
What this practically means
#Executive summary
#Key legal issues
#Whether the inordinate delay of almost a year in seeking reinstatement was excusable
The delay was inordinate and unexplained, but justice could still be done since the substratum of the appeal was intact
The applicant had ample time to file the record of appeal, never visited his advocates for updates, and took nearly a year to return to court. However, no respondent showed the subject land parcels had changed status or that reinstatement would irredeemably prejudice them.
Whether reinstatement should be conditional
Yes - reinstatement granted subject to stringent conditions including security for costs and strict filing timelines
Because the applicant had disobeyed previous court directives, the court conditioned reinstatement on depositing Kshs.150,000/= security and filing the record of appeal and submissions within 14 days, failing which the appeal would stand dismissed with costs.
Legal principles established
#- The court may readmit a dismissed appeal where a party was prevented by sufficient cause from appearing, on such terms as to costs as it thinks fit
- The appeal belongs to the litigant, not the advocates; mistakes of counsel do not automatically excuse inordinate, unexplained delay
Court orders
#- 1.Set aside the orders made on 28.10.2021 and reinstate the appeal
- 2.Appellant to deposit Kshs.150,000/= in court as security for costs within 14 days
- 3.Record of appeal to be filed and served within 14 days
- 4.Appellant to file and serve written submissions within 14 days
- 5.In default of any of the above orders the appeal shall stand dismissed with costs
- 6.Mention on 26.4.2023 to fix a judgment date
- Jurisdiction invoked
- Inherent powers under sections 1A, 1B and 3A of the Civil Procedure Act read with article 159 of the Constitution and Order 42 rule 21 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Laichena v M’laichena & 5 others", Case Analysis (2023). Environment and Land Appeal E044 of 2021. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/16352/eng@2023-03-22
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.