Amuguni & another ((Suing as the legal representatives of the Estate of joshua Amaguni Lugia - Deceased)) v Mark Kenyani & another (Land Case Appeal E012 of 2025) [2026] KEELC 3325 (KLR)
The bottom line
#Once you've filed your appeal after getting permission, the permission application is finished—the appeal itself takes over the case completely.
What this practically means
#Executive summary
#Key legal issues
#Status of an application for leave to appeal out of time once the appeal has been filed
Once leave is granted and the appeal is duly instituted, the appeal assumes carriage of the matter and the leave application file should be closed
The court reiterated the principle from the Salat case that an application for leave is merely an auxiliary step; the appeal itself is the primary matter. Since Kapsabet ELCLA No. E004 of 2026 was filed pursuant to the leave granted on 22nd January 2026, the application file no longer serves any purpose and was closed to save judicial time.
Legal principles established
#- An application for leave is auxiliary to the appeal; it cannot substitute for the appeal itself
Court orders
#- 1.Leave to appeal out of time noted as duly granted
- 2.The instant file is hereby closed to save judicial time
- On appeal from
- Not stated (decision delivered 14th February 2025, court unnamed)
- Jurisdiction invoked
- Not expressly stated; court exercising leave jurisdiction under applicable appellate procedure
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Amuguni & another ((Suing as the legal representatives of the Estate of joshua Amaguni Lugia - Deceased)) v Mark Kenyani & another (Land Case Appeal E012 of 2025) [2026] KEELC 3325 (KLR)", Case Analysis (2026). Not stated in judgment. Source: https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/3325/eng@2026-06-02
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.