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ELCDismissedNot stated in judgment (application dated 18/6/2025)

Lokoret v Ngolepus (Environment and Land Appeal E019 of 2025) [2025] KEELC 6202 (KLR)

Environment and Land Court
24 September 2025
1,571 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~6 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court in Kitale refused to extend time for a late land appeal and stay of execution because the applicant gave no good reason for the delay.

What this practically means

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Executive summary

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This was an application dated 18/6/2025 seeking extension of time to file an appeal out of time against a judgment of the lower court delivered on 17/4/2025 dismissing the applicant's suit, together with a stay of execution pending the intended appeal. The applicant attributed the delay to the supply of certified copies of proceedings requested by letter dated 20/5/2025. The respondent opposed, deposing that judgment was delivered in the presence of both counsel, copies were supplied, and the judgment was uploaded to the e-portal immediately, that an interim stay had been granted at delivery, and that she had purchased the land on 9/4/2022, taken possession and begun construction which was stopped at lintel level and now risks wastage. The court set out the settled parameters: an extension of time is equitable relief requiring a satisfactory explanation for delay, promptness and absence of undue prejudice. The applicant did not controvert that the judgment was uploaded to the e-portal, did not substantiate the dates when proceedings were requested, certified or collected, and was silent on the delay since 17/4/2025 in seeking formal stay orders. On the stay, the court held that the dismissal of the suit was a negative order incapable of being stayed, that substantial loss was alleged but not demonstrated with tangible evidence, and that no security for the due realization of the decree was offered. The court also observed that written submissions cannot replace pleadings or amount to evidence, and that it is not the court's business to fill gaps in a party's pleadings. The application was dismissed with costs.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the applicant has given sufficient reasons to warrant extension of time to file an appeal out of time
  2. 2.Whether the applicant is entitled to a stay of execution of the judgment delivered on 17/4/2025 pending the intended appeal

Key legal issues

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01

Extension of time to file an appeal out of time

Holding

Refused - the applicant failed to give a satisfactory explanation for the delay and to show absence of prejudice to the respondent

Reasoning

The court considered the Wasike v Swala and Salat parameters: reasons for delay, promptness and prejudice. The judgment was delivered in the presence of both counsel and uploaded to the e-portal; the applicant did not controvert this and gave no substantiated reasons for the delay in filing the appeal or seeking a stay since 17/4/2025.

p. 3
02

Stay of execution pending appeal

Holding

Refused - the order sought to be stayed was negative, no substantial loss was demonstrated and no security was offered

Reasoning

The trial court dismissed the applicant's suit; a negative order is incapable of being stayed. Further, the applicant alleged but did not demonstrate with tangible evidence how execution would cause substantial loss, and offered no security such as deposit of the title deed or consideration for due realization of the decree.

p. 3

Legal principles established

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  • Extension of time is not a matter of right but equitable relief granted to a deserving party who demonstrates diligence and gives a satisfactory explanation for the delay
  • A negative order, such as the dismissal of a suit, is not capable of being stayed
  • Written submissions cannot replace pleadings or amount to evidence

Court orders

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  1. 1.The application dated 18/6/2025 is dismissed
  2. 2.Costs of the application awarded to the respondent

The bench

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One judgment of the whole court — no separate or dissenting opinions.

majority

Wrote the judgment

On appeal from
null
null
Jurisdiction invoked
Section 79G and Section 95 of the Civil Procedure Act and Section 20 of the Environment and Land Court Act (discretion to extend time and stay execution pending appeal)

Relief refused

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Extension of time to file an appeal out of time against the judgment of 17/4/2025

The applicant did not substantiate reasonable reasons for the delay or lack of prejudice to the respondent

p. 3

Stay of execution of the judgment of 17/4/2025 pending the intended appeal

The order sought to be stayed was a negative order incapable of being stayed, no substantial loss was demonstrated and no security was offered

p. 3

Costs

The application is dismissed with costs (costs to the respondent).

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The upshot is that I find the application dated 18/6/2025 lacking merit. It is dismissed with costs.
p. 3disposition - dismissal of application
A negative order is not capable of being stayed.
p. 3stay of execution - negative orders
Written submissions cannot replace pleadings or amount to evidence.
p. 3evidentiary value of submissions
It is not the business of the court to fill in gaps in the party’s pleadings.
p. 3court's role where pleadings have gaps
The purpose of security, as held in Arun C. Sharma -vs- Ashana Raikundalia T/A A. Raikundalia & Co. Advocates & 4 others [2014] KEHC 1412 (KLR), is to guarantee the due performance of the decree as may be ultimately binding on the applicant.
p. 3purpose of security in stay applications

Issues in the judgment

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minor

The judgment does not state the case number or application file number of the matter

minor

OCR typos in the judgment text (e.g. 'ofier' for 'offer', 'Suficient' for 'Sufficient', 'Ruing' for 'Ruling', 'dwelt' possibly for 'dealt')

minor

The letter requesting proceedings is inconsistently dated - the affidavit describes a letter dated 20/5/2025, while the court notes that when the letter was filed is unverified

minor

The deponent Emily Titika Ngolepus is referred to in places as 'him' despite being described as 'she'

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, "Lokoret v Ngolepus (Environment and Land Appeal E019 of 2025) [2025] KEELC 6202 (KLR)", Case Analysis (2025). Not stated in judgment (application dated 18/6/2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6202/eng@2025-09-24

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