Ngetsa v Karisa & 2 others (Environment & Land Case 4 of 2021) [2024] KEELC 3425 (KLR)
The bottom line
#The Environment and Land Court in Malindi struck out an appeal filed 41 days late with no permission, warning that late appeals need leave and explanations.
What this practically means
#Executive summary
#Key legal issues
#Whether an incomplete Record of Appeal renders an appeal incompetent and liable to be struck out
The court did not strike out the appeal on incompleteness alone; noting the Court of Appeal's approach in Intercounties, it observed the appellant had been granted time to regularise the record and failed to do so.
The court cited Intercounties Importers and Exporters v Teleposta Pension Scheme, where striking out for incompleteness was held unjust where the reason was unavailability of records and a supplementary record could be filed. Here the appellant had already been granted time to regularise but never did, which the court treated as neglect rather than mere unavailability of records.
Whether an appeal filed out of time without leave is competent
Leave under Section 79G was necessary; the memorandum of appeal was filed 41 days after the ruling with no leave and no reasons proffered, and the appellant did not controvert this.
Section 79G requires appeals to be filed within thirty days, extendable only where the appellant satisfies the court of good and sufficient cause. The appellant filed 41 days late, obtained no leave, gave no explanation for the delay, and did not respond to the preliminary objection. The appeal also merely challenged interlocutory orders, delaying the primary suit, making it unjust to keep it on record.
Legal principles established
#- An appeal from a subordinate court to the High Court must be filed within thirty days unless leave to appeal out of time is granted on good and sufficient cause
- Extension of time is an equitable remedy available to a deserving party at the discretion of the court
Court orders
#- 1.The application dated 10th July 2023 allowed
- 2.The pending appeal struck out
- 3.Costs of the application to the Applicant/Respondent
- On appeal from
- Not stated (trial court in Kilifi ELC No. 52 of 2020)
- Kilifi ELC No. 52 of 2020
- Jurisdiction invoked
- Section 79G of the Civil Procedure Act, Cap 21; Order 42 Rule 12(4) and Order 51 Rule 1 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Later judgments citing this (1)
#Judgments in the corpus that rely on this one. Where the Court said how it treated the authority, that is shown.
- AC Africane Holdings Limited v Lamuria Properties Limited (Environment and Land Miscellaneous Case E009 of 2025) [2026] KEELC 4191 (KLR)[2026] KEELC 4191 (KLR)17 Jun 2026applied
Cite this brief
#Cite this brief
Caselaw, "Ngetsa v Karisa & 2 others (Environment & Land Case 4 of 2021) [2024] KEELC 3425 (KLR)", Case Analysis (2024). Not stated in the extract. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2024/3425/eng@2024-04-24
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.