Westpointe Reality Limited & 2 others v Salat (Environment and Land Appeal E059 of 2021) [2025] KEELC 7294 (KLR)
The bottom line
#Kenya's High Court reinstated a four-year-stalled appeal because the lower court's incomplete judgment explained the delay, giving the appellants 60 days to move.
What this practically means
#Executive summary
#Key legal issues
#Whether the ruling of 19/6/2025 dismissing the appeal for want of prosecution should be reviewed and set aside
The application for review was allowed; the ruling and orders of 19/6/2025 were set aside and the appeal reinstated, with the applicants to file the record of appeal within 60 days
Although the applicants filed their replying affidavit and submissions out of time and the court was entitled to disregard them, the incomplete judgment in the lower court, evidenced by the Deputy Registrar's order of 14/3/24, explained the delay in prosecuting the appeal. Guided by Article 159(2)(d) of the Constitution, the court found the delay explained, no uncompensable prejudice demonstrated, and substantive justice favoured reinstating the appeal.
Whether the applicants' pleadings filed out of time created an error apparent on the face of the record
The court was not in error in failing to consider documents filed out of time and in disobedience of directions; the proper course was to seek leave to file them out of time
The response and submissions were filed on 16/6/2025, well past the 18/4/2025 deadline. The court held the applicants could not blame the court for ignoring pleadings filed in clear disobedience of court directions, and ideally such documents ought to be struck out.
Legal principles established
#- Review lies on three grounds: discovery of new and important matter, error apparent on the face of the record, or any other sufficient reason
- Prolonged delay alone should not prevent a court from doing substantive justice to all parties; the court is not assisting the indolent but serving the interest of justice
Court orders
#- 1.The application dated 22/6/25 is hereby allowed
- 2.The ruling delivered on 19/6/2025 and the orders resulting from it are set aside and the appeal filed through the memorandum of appeal dated 17/8/21 is reinstated
- 3.The appellants/applicants to file their record of appeal within 60 days from the date of the Ruling, in default the orders shall lapse automatically
- 4.The Appellants/Applicants shall pay throw-away costs in the sum of Kshs 30,000/- in favour of the respondent
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act and Order 45 of the Civil Procedure Rules, 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Westpointe Reality Limited & 2 others v Salat (Environment and Land Appeal E059 of 2021) [2025] KEELC 7294 (KLR)", Case Analysis (2025). . Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2025/7294/eng@2025-10-28
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.