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ELCStruck OutAppeal from Kangundo PM's Court ELC Case No. E001 of 2022

Ikua v Waniania & another (Environment and Land Appeal E033 of 2025) [2026] KEELC 1998 (KLR)

Environment and Land Court
14 April 2026
1,759 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~7 min to read original · ~4 min brief

The bottom line

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The Environment and Land Court struck out a land appeal because the appellant ignored repeated court deadlines on filing documents, and she must pay the winners' costs.

What this practically means

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Executive summary

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This is a first appeal to the Environment and Land Court at Machakos against the judgment of Hon. Daffline Nyaboke Sure, PM, delivered on 26 May 2025 in Kangundo PM's Court ELC Case No. E001 of 2022. At trial, the first respondent claimed she had bought Title No. Mavoko Town Block 3/6821 from the appellant under a written agreement dated 20 July 2012 for KSh 230,000, fully paid, but the appellant and second respondent collusively caused the property to be registered in the second respondent's name. The trial court granted the first respondent the reliefs sought, including revocation of the registration and specific performance. The appellant appealed on grounds including the respondent's alleged non-performance of the contract, but on appeal she persistently failed to comply with directions: she never served a memorandum of appeal, and although counsel for the first respondent voluntarily filed the record of appeal, she neither filed submissions nor sought an extension of time, even after being granted five days. The court applied binding Supreme Court decisions (Kenya Airports Authority v Otieno, Ragot & Company Advocates and Okoiti & 3 others v CS for the National Treasury) affirming that compliance with court directions is imperative and goes to the root of the rule of law, and invoked Practice Direction No. 43 of the ELC permitting sanctions including striking out. The court struck out the appeal with costs to the respondents.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the appeal should be struck out for the appellant's persistent failure to comply with court directions on filing the record of appeal and submissions

Key legal issues

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01

Whether the appeal ought to be struck out for the appellant's non-compliance with court directions

Holding

The appeal was struck out with costs to the respondents because the appellant persistently failed to comply with directions on filing the record of appeal and submissions and did not seek extension of time

Reasoning

The court noted the appellant had dragged her feet in complying with directions, never served a memorandum of appeal, and failed to file submissions even after a five-day extension. Guided by binding Supreme Court authority on the imperative nature of compliance with directions and Practice Direction No. 43 of the ELC, which authorises sanctions including striking out pleadings, and weighing the principle of expeditious disposal, the court struck out the appeal. The respondents were thereby spared further delay in a matter originating in 2015.

Legal principles established

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  • Compliance with court orders and directions on filing and service of documents is imperative and goes to the root of the rule of law and the dignity of the court
  • The court has authority, under the ELC Practice Directions, to strike out pleadings as a sanction for non-compliance with directions, having regard to expeditious disposal of cases

Court orders

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  1. 1.The appeal is struck out
  2. 2.Costs of the appeal awarded to the respondents, to be borne by the appellant

The bench

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

majority

Wrote the judgment

On appeal from
Kangundo PM's Court
ELC Case No. E001 of 2022
Jurisdiction invoked
First appellate jurisdiction over appeals from the subordinate courts (Environment and Land Court Act); appeal from Kangundo PM's Court

Relief refused

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The appellant's prayer to allow the appeal and overturn the trial court judgment

The appellant repeatedly failed to comply with court directions on filing and serving the memorandum of appeal and submissions

p. 9

Costs

Costs of the appeal awarded to the respondents, which the appellant shall bear

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.

this court hereby strikes out the appeal with costs awarded to the respondents which the appellant shall bear
Final orders - striking out of appeal
compliance with court orders goes to the root of the rule of law as well as the dignity of the court
p. 8Compliance with court directions
Utmost, the appellant has failed to comply with court directions or to seek an extension of time for the second time.
p. 9Non-compliance and sanction

Issues in the judgment

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minor

The amended plaint is said to seek specific performance of an agreement 'dated 20 July 2021' whereas the sale agreement elsewhere is dated 20 July 2012

minor

The judgment states the trial magistrate found that 'the appellant had proved her case' although the first respondent was the successful party at trial

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, "Ikua v Waniania & another (Environment and Land Appeal E033 of 2025) [2026] KEELC 1998 (KLR)", Case Analysis (2026). Appeal from Kangundo PM's Court ELC Case No. E001 of 2022. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/1998/eng@2026-04-14

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