Little Theatre Club v Talentos Beach Resort & 2 others (Environment and Land Miscellaneous Case E096 of 2024) [2025] KEELC 5320 (KLR)
The bottom line
#Kenya's Environment and Land Court allowed a bank extra time to appeal after its lawyer filed in the wrong court, but made it bear the risk on costs.
What this practically means
#Executive summary
#Key legal issues
#Whether the applicant established good and sufficient cause under section 79G of the Civil Procedure Act for enlargement of time to file its appeal.
The court found that the applicant's inadvertent filing of the appeal before the High Court within time, its prompt withdrawal upon discovering the error, payment of thrown away costs, and prompt filing of the instant application constituted sufficient and reasonable explanation for the delay.
The court weighed the explanation offered: the appeal was filed within time on 19th July 2024 but before the wrong court (HCCA No. E212 of 2024) due to counsel's mistake. Upon discovering the error, the applicant withdrew it on 26th November 2024 and immediately sought extension. Though the exact date of discovery was not disclosed, the court found the applicant acted without inordinate delay and demonstrated genuine determination to pursue the appeal, satisfying the section 79G threshold for good and sufficient cause.
Who should bear the costs of the application.
Although the applicant succeeded, costs were made to abide the outcome of the intended appeal rather than being awarded to the applicant forthwith.
The court applied section 27 of the Civil Procedure Act, noting costs follow the event unless the court directs otherwise. Given the delay arose entirely from the applicant's own and its counsel's mistake in filing the appeal before the wrong court, the court deemed it just that costs not follow the event immediately but await the appeal's outcome.
Legal principles established
#- Costs follow the event except where the court has good reasons to direct otherwise, and where an applicant's delay results from filing an appeal in the wrong court through its own counsel's mistake, that mistake may justify denying immediate costs even on a successful extension application.
Court orders
#- 1.The application dated 27th November 2024 is allowed in terms of prayer (b), and leave to file the intended appeal granted
- 2.The Memorandum of Appeal be filed and served within seven (7) days from the date of the order, in default of which the leave granted shall lapse automatically
- 3.Costs in the application to abide the outcome of the intended appeal
- On appeal from
- Chief Magistrate's Court, Mombasa
- Mombasa MCELC No. E070 of 2024
- Jurisdiction invoked
- Section 79G of the Civil Procedure Act (enlargement of time to file an appeal)
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Little Theatre Club v Talentos Beach Resort & 2 others (Environment and Land Miscellaneous Case E096 of 2024) [2025] KEELC 5320 (KLR)", Case Analysis (2025). ELC Misc. Application (Extension of Time). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/5320/eng@2025-07-16
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.