Ayany v African Banking Corporation Limited & 2 others (Environment and Land Case E007 of 2023) [2026] KEELC 1316 (KLR)
The bottom line
#A Kenyan court refused to extend time to appeal because the party's lawyer had been engaged and costs paid, proving awareness of the judgment.
What this practically means
#Executive summary
#Key legal issues
#Whether extension of time to file a Notice of Appeal was merited
The application was declined because the Applicant did not satisfy the grounds for extension of time, having been represented and having paid taxed costs
The court read section 7 of the Appellate Jurisdiction Act, which confers a discretion to extend time even after expiry. However, discretion must be exercised on established grounds. The Applicant was represented throughout, costs were taxed and paid, and thus the claim that it was unaware of the judgment of 8th May 2025 was untenable. The inordinate delay of about five months was unexplained.
Whether stay of execution could issue pending an intended appeal
Refused, because stay pending appeal presupposes an appeal and none existed after the extension of time was refused
The Applicant sought preservation of the substratum of an intended appeal by extending stay of execution of the judgment dated 8th May 2025. The court held that such stay is anchored on the existence of an appeal. Having declined the extension of time and therefore leave to lodge a Notice of Appeal, no appeal existed, and the stay prayer necessarily failed.
Legal principles established
#- Section 7 of the Appellate Jurisdiction Act confers discretion on the High Court to extend time for giving notice of intention to appeal even after the time has expired
- A party who was represented and whose costs were taxed and paid cannot claim lack of awareness of the judgment so as to justify extension of time
- Stay of execution pending appeal cannot be granted where no appeal exists
Court orders
#- 1.The Notice of Motion dated 29th September, 2025 is dismissed
- 2.Costs to the Respondent
- Jurisdiction invoked
- Sections 1A, 1B and 3A of the Civil Procedure Act Cap 21; Order 22 Rule 22 and Order 42 Rule 6 of the Civil Procedure Rules 2010; Articles 50 and 159(2)(c) of the Constitution of Kenya 2010
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Ayany v African Banking Corporation Limited & 2 others (Environment and Land Case E007 of 2023) [2026] KEELC 1316 (KLR)", Case Analysis (2026). Not stated in judgment (Notice of Motion dated 29th September, 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1316/eng@2026-03-05
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.