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ELCDismissedNot stated in judgment (Notice of Motion dated 29th September, 2025)· [2026] KEELC 1316 (KLR)

Ayany v African Banking Corporation Limited & 2 others (Environment and Land Case E007 of 2023) [2026] KEELC 1316 (KLR)

Environment and Land Court
5 March 2026
737 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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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

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Executive summary

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This ruling of the Environment and Land Court at Kisumu (E. Asati J) determined a Notice of Motion dated 29th September 2025 brought under sections 1A, 1B and 3A of the Civil Procedure Act, section 7 of the Appellate Jurisdiction Act, Order 22 Rule 22 and Order 42 Rule 6 of the Civil Procedure Rules 2010, and Articles 50 and 159(2)(c) of the Constitution. The Applicant sought leave to lodge a Notice of Appeal out of time against a judgment dated 8th May 2025 in which Kshs. 1,000,000/- was awarded as damages for trespass, and an extension of stay of execution pending the intended appeal, on the grounds that its former advocates neither notified it of the judgment nor filed the Notice of Appeal, and that execution had commenced. The application was opposed through grounds of opposition and a replying affidavit sworn on 8th October 2025, the Respondent arguing that section 7 of the Appellate Jurisdiction Act applies only to the Court of Appeal and that there was a five-month delay. The court read section 7 and accepted it confers discretion to extend time, but held the Applicant had not satisfied the grounds: it was represented in the matter and costs were taxed and paid, so it could not claim ignorance of the judgment. The extension of time was declined, and the stay of execution, being anchored on an appeal, necessarily failed in the absence of an appeal. The application was dismissed with costs to the Respondent.

Key legal issues

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01

Whether extension of time to file a Notice of Appeal was merited

Holding

The application was declined because the Applicant did not satisfy the grounds for extension of time, having been represented and having paid taxed costs

Reasoning

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.

p. 2
02

Whether stay of execution could issue pending an intended appeal

Holding

Refused, because stay pending appeal presupposes an appeal and none existed after the extension of time was refused

Reasoning

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.

p. 2

Legal principles established

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  • 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

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  1. 1.The Notice of Motion dated 29th September, 2025 is dismissed
  2. 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

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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, "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.