Abdalla Hussein v Musali Tandasi & Another
The bottom line
#The High Court in Mombasa refused to let a man appeal six months late, ruling that blaming your lawyer for not updating you is not a valid excuse.
What this practically means
#Executive summary
#Key legal issues
#Extension of time under section 79G of the Civil Procedure Act
The Applicant failed to demonstrate good and sufficient cause for the six-month delay
The court weighed the length of delay, the explanation (advocate's failure to communicate), the absence of corroboration from the advocates blamed, no notice of change of advocates, no stated date of actual knowledge of the judgment, and the absence of any real contest on liability at trial. Following Gichana Gathuku and Rajesh Rughani, the client retains an independent duty to pursue his matter; counsel's silence is not a shield.
Stay of proceedings pending an intended but unfiled appeal
The Court has no power to stay proceedings in aid of an appeal that has not been instituted
Order 42 presumes an appeal already filed and pending. Granting a stay on a bare miscellaneous application where leave to appeal is itself being sought would allow a litigant to obtain stay relief without ever filing an appeal, offending the letter and policy of Order 42.
Legal principles established
#- Lack of communication by counsel as to the outcome of a suit does not, by itself, constitute good and sufficient cause for extension of time under section 79G; the client's remedy lies in professional negligence against the advocate
- A stay of proceedings pending appeal cannot be granted where no appeal has been filed, including where the appeal's institution depends on leave sought in the same application
Court orders
#- 1.The Notice of Motion dated 20th August 2025 is dismissed
- 2.The 1st Respondent shall have the costs of the application
- 3.No order as to costs in favour of the 2nd Respondent
- On appeal from
- Chief Magistrate's Court, Mombasa
- MCCC No. 710 of 2019, Musali Tandasi v John Moki Jumaa & Abdalla Hussein
- Jurisdiction invoked
- Sections 1A, 1B, 3A and 79G of the Civil Procedure Act; Order 42 Rule 6(2) and Order 50 Rule 5 of the Civil Procedure Rules, 2010; inherent powers of the Court
Key timeline
#Practical implications
#Frequently asked questions
#Cite this brief
#Cite this brief
Caselaw, "Abdalla Hussein v Musali Tandasi & Another", Case Analysis (2026). Notice of Motion dated 20th August 2025 (arising from Mombasa MCCC No. 710 of 2019). Source:
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.