Ober v Jaimbo (Environment and Land Miscellaneous Application E007 of 2023) [2024] KEELC 1763 (KLR)
The bottom line
#The Homa Bay Environment and Land Court dismissed a bid to appeal three and a half years late because the delay was never explained.
What this practically means
#Executive summary
#Key legal issues
#Whether good and sufficient cause was shown for filing an appeal out of time under section 79G of the Civil Procedure Act
No good and sufficient cause was shown; the delay of over three and a half years was unexplained and the application was overtaken by events.
Section 79G allows admission of appeals out of time only upon good and sufficient cause. The applicant blamed the trial court for not specifying appeal timelines and alleged late receipt of proceedings, but failed to attach the proceedings or proof of late receipt. The delay of three years, seven months and ten days was not plausibly explained, and equity aids the vigilant, not the indolent.
Whether the application was overtaken by events
Yes. The respondent demonstrated by decree and official search that the disputed property is now registered in his name.
The respondent annexed the decree issued on 19th February 2020 and a certificate of official search showing the suit land, Kanyamwa/Kajwang/Kachola/Kadwet/772, is registered in his name, and that the applicant had been evicted. Granting leave would therefore serve no practical purpose.
Legal principles established
#- In an application for extension of time, the whole period of delay must be declared and satisfactorily explained to the court
- Unexplained delay, even of a single day, justifies dismissal of an application
Court orders
#- 1.The application dated 29th September 2023 was dismissed with costs to the respondent
- Jurisdiction invoked
- Inherent jurisdiction to extend time under section 79G of the Civil Procedure Act (Cap 21) - application for leave to file an appeal out of time
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ober v Jaimbo (Environment and Land Miscellaneous Application E007 of 2023) [2024] KEELC 1763 (KLR)", Case Analysis (2024). Notice of Motion dated 29th September 2023 (Homa Bay ELC). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/1763/eng@2024-04-09
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.