Mandalia v Coolxtreme Limited (Cause 1481 of 2016) [2025] KEELRC 2306 (KLR)
The bottom line
#What this practically means
#Executive summary
#Key legal issues
#Whether the delay of approximately one year and two months in filing the Notice of Appeal was properly explained
Yes - the judgment was delivered without notice to the parties, so the Applicant advanced a valid reason for the delay
The judgment of 25th January 2024 was delivered in the absence of both parties, and neither party received notice of the delivery date. Following Ngoso General Contractors and Leonola Nerima Karani, delivery of a reserved judgment without notice is a serious breach that throws the litigation timetable off balance. The Claimant himself confirmed he was not notified and discovered the judgment by checking the e-filing system. The advocates cannot be blamed for the resulting delay.
Whether the Claimant would suffer prejudice if the extension was granted
No prejudice beyond what costs can compensate was shown
Applying Kenya Airports Authority v Kahia, where no fraud or intention to overreach is shown and the innocent party can be compensated in costs, matters should be decided on their merits. The Claimant did not suggest any prejudice incapable of compensation through costs. The interest of justice demands that a party be accorded every reasonable opportunity to ventilate grievances within the judicial system.
Whether stay of execution pending appeal could be granted at this stage
No - stay pending appeal requires a filed Notice of Appeal, which did not exist
The Applicant sought stay of execution pending the intended appeal but had not yet filed a Notice of Appeal. Without a Notice of Appeal there is no appeal in existence upon which a stay pending appeal can anchor. The court therefore granted only the extension of time (prayer 3) and declined the stay, leaving the Applicant free to file the Notice and move again if advised.
Legal principles established
#- A judgment not delivered ex tempore must be delivered on a subsequent date only upon notice to all parties or their advocates; failure to notify excuses delay in filing appeal.
- Extension of time is an equitable remedy, granted on a case-by-case basis where delay is explained and no uncompensatable prejudice results.
- Where no fraud or intention to overreach is shown and an innocent party can be compensated in costs, cases should be determined on merits rather than technicalities.
Court orders
#- 1.Leave granted to the Applicant to file and serve a Notice of Appeal within 7 days from the date of delivery of the Ruling
- 2.Prayer for stay of execution pending appeal refused
- 3.No orders as to costs
- Jurisdiction invoked
- Section 7 of the Appellate Jurisdiction Act and Rule 77(2) of the Court of Appeal Rules
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Mandalia v Coolxtreme Limited (Cause 1481 of 2016) [2025] KEELRC 2306 (KLR)", Case Analysis (2025). Not stated in the ruling (Notice of Motion dated 18th March 2025). Source: https://new.kenyalaw.org/akn/ke/judgment/keelrc/2025/2306/eng@2025-07-31
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.