Paschal (Prosecuting as the Personal Representative of the Estate of Pascal Mule Nzyuko) v Muthoka & 2 others (Environment and Land Appeal E002 of 2023) [2025] KEELC 2940 (KLR)
The bottom line
#Kenya's Environment and Land Court allowed a family to continue a land appeal after the appellant died, granting 45 days to comply with earlier orders.
What this practically means
#Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the Applicant has demonstrated merit in the application for enlargement of time on the ruling of this court delivered on 15/11/2023.
Key legal issues
#Whether the Applicant demonstrated merit for enlargement of time regarding the 15/11/2023 conditional stay orders
The reasons for non-compliance (death of the appellant and of his advocate, delayed issuance of the death certificate, and the time taken to obtain a limited grant ad litem) were reasonable and satisfactory, and the court enlarged time by 45 days
The court applied Section 95 of the Civil Procedure Act and the Salat principles on extension of time. The delay was occasioned by the death of the appellant five days after the ruling, the death of the sole-proprietor advocate, the delayed death certificate (issued 11/07/2024) and the grant ad litem issued 31/07/2024, with the application made shortly thereafter. These were deemed extenuating Acts of God, no prejudice outweighing the equities, and the overriding objective favoured allowing compliance.
Legal principles established
#- Enlargement of time is a discretionary power under Section 95 of the Civil Procedure Act, exercisable even after the original period has expired
Court orders
#- 1.An Order of enlargement of time issued for a limited duration of Forty-five (45) Days for the Applicant to comply with the Ruling delivered on 15th November, 2023
- 2.The Applicant Pascal Mule Nzyuko is substituted by Josephat Kiluva Paschal
- 3.The Lower Court File TAWA MCELC CASE NO. 175 OF 2019 to be availed
- 4.Costs in the cause
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- Jurisdiction invoked
- Sections 1A, 1B, 3A, 79G and 95 of the Civil Procedure Act; Order 50 Rule 5 and Order 51 Rule 1 of the Civil Procedure Rules, 2010
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
An Order of enlargement of time is hereby issued for a limited duration of Forty-five (45) Days for the Applicant to comply with the Ruling delivered on 15th November, 2023 herein.
The Applicant Pascal Mule Nzyuko is substituted by Josephat Kiluva Paschal.
The Lower Court File TAWA MCELC CASE NO. 175 OF 2019 to be availed.
Costs in the cause.
Under Section 1A of the Civil Procedure Act, the overriding objective and the duty of this Court is to facilitate the just, expeditious, proportionate and afiordable resolution of civil disputes.
Enlargement of time is a discretionary power vested with this court in accordance with the provisions of Section 95 of the Civil Procedure Act
Issues in the judgment
#The Applicant is referred to interchangeably as 'Pascal Mulei Nzyukobe', 'Pascal Mule Nzyuko' and 'Pascal Nzyuko', and the Applicant states his capacity as guardian ad litem ceased upon the death while the court substitutes him as Applicant; the deceased's exact name spelling is inconsistent
Dates of filing the application differ: motion dated 9th October 2024, but judgment refers to the application having been made on 11/10/2024
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Paschal (Prosecuting as the Personal Representative of the Estate of Pascal Mule Nzyuko) v Muthoka & 2 others (Environment and Land Appeal E002 of 2023) [2025] KEELC 2940 (KLR)", Case Analysis (2025). Not stated in judgment (Tawa MCELC Appeal; application dated 9th October 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/2940/eng@2025-03-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.