Lubulellah & Associates v Gilbi Construction Company Limited (Environment and Land Miscellaneous Application E157 of 2023) [2025] KEELC 4996 (KLR)
The bottom line
#A Kenyan court struck out a late application for permission to appeal a lawyer's fees ruling because the client missed the 14-day deadline and never asked for more time.
What this practically means
#Executive summary
#Key legal issues
#Whether an application for leave to appeal filed outside the 14-day period without a prayer for extension of time is competent
It is incompetent and the court cannot exercise its discretion on it; the application is struck out.
Paragraph 11(3) of the Advocates (Remuneration) Order requires leave of the judge for an appeal but does not stipulate the form or time. Order 43 Rule 1(3) of the Civil Procedure Rules fills that gap, requiring the application to be made orally when the order is made or within fourteen days. The applicant filed 19 days late, offered no explanation and sought no extension of time, leaving no proper application on which discretion could be exercised.
Whether the applicant was entitled to a stay of execution pending the intended appeal
The stay prayer was not determined on its merits because the application itself was incompetent and struck out.
Although the applicant argued that the intended appeal was arguable and offered security, and the respondent contended that substantial loss was not demonstrated and that a successful party is entitled to the fruits of judgment, the court did not reach these merits. Since no proper application was before the court, the stay prayer fell away with the striking out of the chamber summons.
Legal principles established
#- An application for leave to appeal under the Advocates (Remuneration) Order must be made to the court making the order appealed from, orally at the time the order is made or within fourteen days from the date of the order.
- Where an application for leave to appeal is filed out of time without a prayer for extension of time, it is incompetent and must fail.
Court orders
#- 1.The chamber summons dated 3rd December, 2024 is struck out
- 2.No orders as to costs
- Jurisdiction invoked
- Article 48 of the Constitution; Sections 3A and 63(e) of the Civil Procedure Act; Rule 11(3) of the Advocates Remuneration Order; Order 42 Rule 6(2) of the Civil Procedure Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Lubulellah & Associates v Gilbi Construction Company Limited (Environment and Land Miscellaneous Application E157 of 2023) [2025] KEELC 4996 (KLR)", Case Analysis (2025). Not stated in the judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/4996/eng@2025-07-03
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.