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ELCAllowedNotice of Motion dated 28th June 2024 (Kakamega MCELC Case No. E030 of 2020, ruling appealed from)· [2025] KEELC 6981 (KLR)

Anyangu v Makwata & 2 others (Environment and Land Miscellaneous Application E014 of 2022) [2025] KEELC 6981 (KLR)

High Court of Kenya (Environment and Land jurisdiction, Kakamega)
8 October 2025
2,693 words in judgment
View original judgmentRead on Kenya Law Watch case
AI-assisted case brief
·~11 min to read original · ~4 min brief

The bottom line

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Kenya's High Court let a landowner appeal late because he was never told of the ruling, and froze the land titles for 12 months.

What this practically means

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Executive summary

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The applicant, Makwata Patrick Anyangu, moved the High Court at Kakamega by Notice of Motion dated 28th June 2024 seeking leave to appeal out of time, extension of time, and orders of inhibition over parcels L.R No. S/Wanga/Lureko/717 and S/Wanga/Lureko/1138 against a ruling delivered on 11th March 2024 by Hon. Z.J. Nyakundi (PM) in Kakamega MCELC Case No. E030 of 2020. He explained that although he and his counsel attended court repeatedly expecting delivery of the ruling on the respondents' application for stay of judgment, they were never notified when it was delivered and only discovered it when the respondents began subdividing the suit property and searches showed the titles had reverted to them. The respondents opposed, saying the three-month delay was inexcusable and that they were bona fide registered owners. The court framed two issues: whether there was good and sufficient cause to extend time, and whether the threshold for inhibition was met. Applying Section 79G of the Civil Procedure Act, Order 50 Rule 6, and the Supreme Court's principles in the Salat case, the court found the delay excusable, noting the respondents never denied receiving ruling notices served as late as 4th May 2024. The court also noted that the trial court granted orders not sought, and the extracted order of 18th March 2024 cancelled the applicant's title without any such prayer. Invoking Section 68 of the Land Registration Act and Sections 3A and 63(e) of the Civil Procedure Act, the court granted leave to appeal, extended time by 30 days to file the memorandum of appeal, issued a 12-month inhibition over both parcels, and ordered each party to bear its own costs. The application was allowed in its entirety.

Key legal issues

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01

Whether good and sufficient cause existed to extend time to appeal out of time

Holding

The three-month delay was excusable because the applicant was unaware the ruling had been delivered, as no ruling notice was served on his advocate, and the respondents continued receiving ruling notices even after delivery of the ruling.

Reasoning

The applicant explained that he and his counsel attended court repeatedly expecting the ruling and were told it was not ready. Ruling notices dated 22nd March and 4th May 2024 were served on the respondents, who did not deny receipt. Given that as late as May 2024 the applicant was unaware of the ruling, the delay was inadvertent and excusable, and the intended appeal raised triable issues since the trial court granted orders not sought in the application.

p. 4
02

Whether an order of inhibition should issue over the suit properties

Holding

An inhibition for 12 months was granted because the extracted order of 18th March 2024 cancelled the applicant's title - an order never sought or granted in the ruling - showing the suit property was at risk and the intended appeal could be rendered nugatory.

Reasoning

The respondents' application dated 20th November 2023 sought only a stay of judgment, yet the trial court set aside judgment and the extracted order cancelled the applicant's title. This prima facie risk to the substratum of the intended appeal justified preservation of the titles under Section 68 of the Land Registration Act and the court's inherent powers under Sections 3A and 63(e) of the Civil Procedure Act.

p. 5

Legal principles established

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  • The court has jurisdiction and unfettered discretion to extend time, considering the length of the delay, the reason for the delay and the interests of justice; extension of time is not a right of a party.
  • Where the ends of justice require that a particular title be preserved, the court may grant an order of inhibition under Section 68 of the Land Registration Act.

Court orders

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  1. 1.Leave granted to the applicant to appeal out of time against the ruling delivered on 11th March 2024 in Kakamega MCELC Case No. E030 of 2020
  2. 2.Time extended for filing the appeal; the applicant to file and serve the Memorandum of Appeal within 30 days of the date of the ruling
  3. 3.Order of inhibition stopping further dealings, registrations and transactions on titles for parcels L.R No. S/Wanga/Lureko/717 and L.R No. S/Wanga/Lureko/1138 for 12 months from the date of the ruling
  4. 4.Each party to bear its own costs
On appeal from
Principal Magistrate's Court, Kakamega
Kakamega MCELC Case No. E030 of 2020
Jurisdiction invoked
Sections 79G, 3A and 63(e) of the Civil Procedure Act; Order 50 Rule 6 of the Civil Procedure Rules; Section 68 of the Land Registration Act

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, "Anyangu v Makwata & 2 others (Environment and Land Miscellaneous Application E014 of 2022) [2025] KEELC 6981 (KLR)", Case Analysis (2025). Notice of Motion dated 28th June 2024 (Kakamega MCELC Case No. E030 of 2020, ruling appealed from). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/6981/eng@2025-10-08

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