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ELCDismissedApplication dated 27/6/2025 (arising from Civil Case No. E049 of 2023)

Nyanyuma & another v Owino (Environment and Land Appeal E030 of 2025) [2026] KEELC 1762 (KLR)

High Court of Kenya
19 March 2026
588 words in judgment
View original judgmentRead on Kenya Law Watch case
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The bottom line

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The High Court refused to extend time for an appeal because the applicant waited about eight months without explaining the delay or being honest with the court.

What this practically means

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Executive summary

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This ruling by Hon. Justice A. E. Dena determined a Notice of Motion dated 27/6/2025 filed under certificate of urgency by Jaco Aram Nyanyuma, in which the applicant sought two reliefs: extension of time to file an appeal against the judgment in Bondo Law Courts Civil Case No. E049 of 2023 delivered on 22/11/2024, and stay of execution of that judgment, together with a draft memorandum of appeal. The respondents, served through their trial-court advocate, did not respond, but the court held that the unopposed application still had to be decided on its merits. The court identified its power to enlarge time as donated by section 79 of the Civil Procedure Act and adopted the criteria in the Nicholas Kiptoo Arap Korir Salat decision: the length of the delay, the reasons for it, and the prejudice to the decree holder. The applicant attributed the roughly eight-month delay to his advocate not being informed of the judgment date, but the court found the explanation deficient: there was no disclosure of when the applicant or his advocate learnt of the exparte judgment, no explanation for the seven-month delay in inquiring about it, and no copy of the judgment was annexed, making it impossible to gauge the arguability of the intended appeal or how it would be rendered nugatory. The court characterized the applicant as an indolent litigant hiding behind his advocate and declined to exercise its discretion to enlarge time. Consequently, it declined to consider the stay of execution, which was dependent on the extension. The application was dismissed with no orders as to costs. The ruling was delivered virtually on 19/3/2026, with neither the applicants nor the respondents present.

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 should be granted extension of time to file an appeal against the judgment in Civil Case No. E049 of 2023 delivered on 22/11/2024
  2. 2.Whether stay of execution of the said judgment should be granted

Key legal issues

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01

Whether the discretion under section 79 of the Civil Procedure Act should be exercised to enlarge time for filing an appeal

Holding

The discretion was declined because the delay of about 8 months was unexplained, there was no full disclosure of when the applicant or his advocate learnt of the ex parte judgment, and no judgment was annexed to demonstrate arguability.

Reasoning

The court applied the factors in the Nicholas Kiptoo Arap Korir Salat case: length of delay, reasons for delay, and prejudice to the decree holder. The applicant blamed his advocate for not being informed of the delivery date, but did not disclose when he or the advocate discovered the judgment had been delivered exparte, nor why it took over seven months to inquire about it. The court found the litigant indolent and attempting to hide behind the advocate, and no copy of the judgment was annexed to gauge the appeal's arguability.

p. 2
02

Whether stay of execution should be granted

Holding

Not considered, as it was dependent on the grant of extension of time which was refused.

Reasoning

The court reasoned that stay of execution was consequential upon the appeal being properly on record; since leave to appeal out of time was refused, there was no basis to entertain the stay. The court expressly declined to venture into the stay relief, making the dismissal of the extension application dispositive of the entire application.

p. 2

Legal principles established

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  • Extension of time is discretionary and not a right; only a deserving party may be granted leave, considering the length of and reasons for the delay and prejudice to the decree holder.
  • An applicant for discretionary reliefs must make full disclosure and conceal nothing from the court.

Court orders

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  1. 1.The application dated 27/06/2025 is dismissed
  2. 2.No orders as to costs

The bench

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

majority

Wrote the judgment

On appeal from
Bondo Law Courts (trial court)
Civil Case No. E049 of 2023
Jurisdiction invoked
Section 79 of the Civil Procedure Act (power to enlarge time for filing an appeal)

Relief refused

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Extension of time to file the intended appeal

Unexplained delay of about 8 months, lack of full disclosure, and indolence by the litigant; no copy of the judgment annexed to gauge arguability

p. 2

Stay of execution of the judgment delivered on 22/11/2024

Having declined to enlarge time, the court declined to consider the stay application

p. 2

Costs

The application dated 27/06/2025 is dismissed with no orders as to costs.

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.

Extension of time is not a right only on deserving party can be granted the leave. It is therefore discretionary.
p. 2Nature of discretion to extend time
The applicant has also not indicated why it took them over 7 months to inquire about the judgment. An applicant must make full disclosure and nothing should be concealed to the court since the reliefs he is seeking are discretionary.
p. 2Duty of full disclosure in discretionary applications
What I see is a litigant who is indolent and wants to hide under the guise of his Advocate.
p. 2Indolence and blame shifted to advocates
The application dated 27/06/2025 is hereby dismissed with no orders as to costs.
p. 2Final orders and costs

Issues in the judgment

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minor

The ruling records the affidavit of service as sworn on 26/10/2025 although directions were issued and service ordered on 8/7/2025; the gap is unexplained in the judgment.

minor

The date of delivery of the ruling (19.3.2026) post-dates the application's certificate of urgency period by many months with no explanation in the judgment.

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, "Nyanyuma & another v Owino (Environment and Land Appeal E030 of 2025) [2026] KEELC 1762 (KLR)", Case Analysis (2026). Application dated 27/6/2025 (arising from Civil Case No. E049 of 2023). Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1762/eng@2026-03-19

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