Kalume (Suing through Dennis Billy Thuva as Donee with Special Power of Attorney) v Sadaka (Environment and Land Miscellaneous Application E056 of 2024) [2025] KEELC 4818 (KLR)
The bottom line
#Kenya's High Court refused to extend a 287-day appeal delay, confirming courts only grant extensions when delay is fully explained and loss is shown.
What this practically means
#Executive summary
#Key legal issues
#Whether the delay of 287 days in filing the appeal was adequately explained
The delay was unexplained and excessive; extension of time refused.
Section 79(G) requires an appeal to be lodged within thirty days unless good and sufficient cause is shown. Guided by Salat and Wambua, the applicant bore the burden of explaining the delay. He instead argued the merits of the intended appeal. Nearly nine months passed without justification, so he forfeited the equitable remedy.
Whether the Applicant demonstrated substantial loss to justify a stay of execution under Order 42 Rule 6
No; the submissions did not address substantial loss at all, so the stay was refused.
Order 42 Rule 6 obliges an applicant for a stay to show substantial loss if execution proceeds. The Applicant's submissions were silent on any loss he would suffer. Without demonstrating that execution would irreparably undermine the appeal, the discretionary remedy could not issue.
Legal principles established
#- An appeal out of time requires the applicant to satisfy the court that he had good and sufficient cause for not filing in time
- Extension of time is an equitable remedy available only to a deserving party who explains the delay
Court orders
#- 1.The application dated 31st December 2024 is dismissed with costs
- On appeal from
- Kilifi (Magistrates' Court)
- MCELC Case No. 118 of 2018
- Jurisdiction invoked
- Section 79(G) of the Civil Procedure Act and Order 42 Rule 6 of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Kalume (Suing through Dennis Billy Thuva as Donee with Special Power of Attorney) v Sadaka (Environment and Land Miscellaneous Application E056 of 2024) [2025] KEELC 4818 (KLR)", Case Analysis (2025). Not stated in judgment (Chamber Summons dated 31st December 2024). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4818/eng@2025-03-27
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.