Nguwa & 8 others v Kanyolo & another
The bottom line
#Kenya's Land Court gave a family extra time to appeal an NLC land decision because the Commission never told them about it.
What this practically means
#Executive summary
#Key legal issues
#Whether a preliminary objection on limitation and form of appeal lies against an application for leave to file appeal out of time
No; the application is not an appeal, so objections premised on appeal requirements are misconceived
The court noted the 2nd respondent's preliminary objection assumed the application was itself an appeal. Since the application merely sought leave to file an appeal out of time, the objections based on rule 30(1) of the NLC Regulations, section 79G and order 42 rule 1 of the Civil Procedure Rules had no foundation and were dismissed.
Whether the delay of over two years in seeking leave to appeal out of time was excusable
Yes; the applicants only learnt of the NLC decision on January 28, 2020 and the NLC did not prove it communicated the decision
The applicants deponed they attended the Watamu hearing, were told the property would be registered in favour of the deceased, and only discovered the February 15, 2019 gazette decision on January 28, 2020. Those facts were undisputed, and the NLC tendered no evidence of communication of the decision within the regulatory period, so the delay was sufficiently explained.
Legal principles established
#- Where the Commission did not communicate its decision to the aggrieved parties as required by the regulations, the delay in filing an appeal out of time is sufficiently explained
Court orders
#- 1.The 2nd respondent's preliminary objection is dismissed
- 2.The application is allowed; applicants to file an appeal within 28 days failing which the order lapses
- 3.Each party to bear their own costs
- Jurisdiction invoked
- Section 95 of the Civil Procedure Act and order 50 rule 6 of the Civil Procedure Rules; NLC (Review of Grants and Dispositions of Public Land) Regulations, 2017
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Nguwa & 8 others v Kanyolo & another", Case Analysis (2023). Miscellaneous Application 52 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2023/20649/eng@2023-10-13
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.