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ELCDismissedApplication dated 24th April, 2025 (number not stated in judgment)· [2025] KEELC 5187 (KLR)

Peter O. Ngoge t/a O.P. Ngoge & Associates v Kenya Koch Light Industries Limited & another (Environment and Land Miscellaneous Case 3 of 2020) [2025] KEELC 5187 (KLR)

Environment and Land Court
10 July 2025
AOAntony O. Ombwayo
1,169 words in judgment
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The bottom line

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A Nakuru court refused to extend time for an appeal because the applicant gave no good reason for filing over a month late.

What this practically means

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Executive summary

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The Applicant, Peter O. Ngoge, moved the Environment and Land Court at Nakuru by application dated 24th April 2025 seeking enlargement of time to apply for leave to challenge a ruling delivered by Hon. Justice Ombwayo on 6th March 2025, leave to so challenge the ruling, and an order deeming his Notice of Appeal dated 10th March 2025 as duly filed and served. He explained the premature filing of the Notice of Appeal as an oversight, complained that the Deputy Registrar had refused to assess his instruction fees based on the value of the subject matter, and contended that the delay in taxation proceedings was not a lawful basis for assessing instruction fees. The 1st Respondent, through a Replying Affidavit sworn by its General Manager Faith Wambui, opposed the application, invoking paragraph 11(3) of the Advocates (Remuneration) Order and Rule 75 of the Court of Appeal Rules, and contending that the application was filed outside the prescribed 14-day period without sufficient explanation. The court framed a single issue: whether the Applicant should be granted leave to appeal out of time. Applying Rule 75 and the principles in Salat v IEBC and Nyamboki v Gathuru, the court found the delay inordinate, unexplained, and unsecured by any undertaking. The application was dismissed in its entirety.

Key legal issues

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Whether the Applicant should be granted leave to file an appeal out of time against the ruling of 6th March 2025

Holding

The application was dismissed as the Applicant failed to give sufficient cause for the delay and did not offer security

Reasoning

The court applied Rule 75 of the Court of Appeal Rules and the principles in Salat v IEBC and Nyamboki v Gathuru. The decision was delivered on 6th March 2025 and the 14-day period lapsed on 20th March 2025. The application filed on 24th April 2025 was outside that period, and the Applicant's claim of oversight did not amount to a reasonable explanation, nor was security for due performance given.

p. 3

Legal principles established

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  • Extension of time is an equitable remedy available only to a deserving party, and the applicant bears the burden of explaining the delay to the court's satisfaction
  • Notice of appeal must be lodged within fourteen days of the decision appealed against

Court orders

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  1. 1.The application for orders of extension of time is dismissed in its entirety
Jurisdiction invoked
Inherent discretion to enlarge time under Rule 75 of the Court of Appeal Rules and paragraph 11(3) of the Advocates (Remuneration) Order

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Peter O. Ngoge t/a O.P. Ngoge & Associates v Kenya Koch Light Industries Limited & another (Environment and Land Miscellaneous Case 3 of 2020) [2025] KEELC 5187 (KLR)", Case Analysis (2025). Application dated 24th April, 2025 (number not stated in judgment). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5187/eng@2025-07-10

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.