Mohamed (Suing as the legal representative of the Estate of Abdalla Mohamed Abdalla - Deceased) v County Government of Mombasa & 3 others
The bottom line
#Supreme Court dismisses late appeal because administrator waited over 4 years without valid excuse.
What this practically means
#The Supreme Court of Kenya refused to give an administrator more time to appeal a land dispute decision. The administrator waited over four years after becoming the estate's legal representative before asking for an extension. She gave reasons like childcare, but the court said that was not enough. Since there was no valid Notice of Appeal, the court could not consider other requests like stopping a bank sale. The delay was too long and unexplained, so the application was dismissed with costs.
Executive summary
#Questions the Court framed
#The issues the Court set itself to decide, in its own words.
- 1.Whether the applicant has met the parameters for extension of time to file the Notice of Appeal and appeal against the judgment of the Court of Appeal.
Key legal issues
#Whether the applicant provided a sufficient explanation for the delay in seeking extension of time to file the Notice of Appeal and appeal.
The applicant failed to provide a cogent explanation for the delay of four years and one month from the issuance of the grant of probate to the filing of the Motion, and the delay was inordinate.
The Court considered that the applicant was appointed administrator on 18th November 2021, and the grant was confirmed on 21st February 2023. Instead of seeking extension of time, the applicant pursued other remedies such as judicial review proceedings and attempts at settlement. The Motion was only filed after a demand letter from the bank in December 2025, suggesting it was an afterthought. The Court found the delay from November 2021 to January 2026 (four years and one month) inordinate and inexcusable.
Whether the Court can grant conservatory orders or other reliefs in the absence of a valid Notice of Appeal.
The Court cannot entertain any other reliefs, including conservatory orders or joinder of parties, in the absence of a Notice of Appeal, which is a jurisdictional prerequisite.
The Court held that under Rule 31(2) of its Rules, it is precluded from entertaining other reliefs if no appeal is before it. Since the application for extension of time was dismissed, there was no Notice of Appeal, and therefore the Court lacked jurisdiction to consider the conservatory order or the joinder of interested parties.
Legal principles established
#- Extension of time is a court's discretion, not a party's right.
- Applicant must give a clear, honest reason for the delay.
- A valid Notice of Appeal is required before any other relief can be sought.
- An inordinate delay without good cause will lead to refusal of extension.
- Pursuing other remedies does not excuse delay in filing an appeal.
Court orders
#- 1.The Notice of Motion dated 24th December 2025 and filed on 14th January, 2026 is hereby dismissed.
- 2.The applicant shall bear the costs of the Motion.
The bench
#One judgment of the whole court — no separate or dissenting opinions.
Wrote the judgment
- On appeal from
- Court of Appeal
- Civil Appeal No. 114 of 2018
- Jurisdiction invoked
- Article 163(4)(a) of the Constitution
Relief refused
#Extension of time for filing and service of the Notice of Appeal and appeal
The applicant did not provide a cogent explanation for the delay of four years and one month from the issuance of the grant of probate to the filing of the Motion.
Conservatory order restraining SBM Bank from exercising statutory power of sale
In the absence of a Notice of Appeal, which is a jurisdictional prerequisite, the Court cannot move a step further as far as the other reliefs sought are concerned.
Leave to enjoin intended interested parties
Same as above; the Court lacked jurisdiction to entertain other reliefs without an appeal before it.
Order that the draft Notice of Appeal and appeal be deemed as duly filed
The Motion for extension of time was dismissed, so the draft documents could not be deemed filed.
Costs
The applicant shall bear the costs of the Motion.
Quotable passages
#Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.
the extension of time is not a right of a party and lies within the discretion of the Court.
we find that the said delay is inordinate, and we decline to exercise our discretion in extending time for filing the intended Notice of Appeal and appeal.
in the absence of a Notice of Appeal, which is a jurisdictional prerequisite, we cannot move a step further as far as the other reliefs sought are concerned.
The Notice of Motion dated 24th December 2025 and filed on 14th January, 2026 is hereby dismissed.
The applicant shall bear the costs of the Motion.
Key timeline
#Practical implications
#File appeals on time
Always lodge a Notice of Appeal within the prescribed period. If you miss it, apply for extension immediately. Delays of over four years, especially when the litigant pursues other remedies first, will almost certainly be rejected. The court will not excuse inaction even for personal reasons like childcare.
Act fast after losing a case
If you lose a land dispute at the Court of Appeal, do not wait years to seek Supreme Court review. The County Government of Mombasa benefited here because the other side delayed. Appoint legal counsel promptly and ensure a Notice of Appeal is filed or an extension is sought without delay to preserve your rights.
Don't delay estate appeals
If you are an administrator of a deceased person's estate and need to appeal a court decision, act quickly. Waiting years after getting your legal authority to act will be seen as neglect. The court expects you to prioritize the estate's interests. Personal duties like childcare are not sufficient excuses for such long delays.
Frequently asked questions
#Can I get an extension of time to appeal in Kenya if I missed the deadline?+
Yes, you can ask the court for more time. But you must apply promptly and give a very good reason. The Supreme Court can refuse if the delay is long and unexplained. In this case, a four-year delay was rejected.
What happens if I file a Notice of Appeal late in Kenya?+
You need the court's permission to file it late. Without a valid Notice of Appeal, the court cannot hear any other requests, like stopping a sale or adding parties. The Notice of Appeal is a must before any other step.
How long do I have to appeal to the Supreme Court of Kenya?+
The time limit is set by law, usually 14 days from the judgment. If you miss it, you must apply for extension immediately. The court looks at the length of delay, the reason, and whether you acted diligently. Years of delay are unlikely to be excused.
Can personal reasons like childcare justify a delay in filing an appeal in Kenya?+
Generally, no. The court expects you to act diligently. In this case, the Supreme Court said childcare responsibilities did not explain a four-year delay after becoming administrator. Personal reasons must be very strong and backed by evidence.
Cite this brief
#Cite this brief
Caselaw, "Mohamed (Suing as the legal representative of the Estate of Abdalla Mohamed Abdalla - Deceased) v County Government of Mombasa & 3 others", Case Analysis (2026). Application E002 of 2026. Source: https://new.kenyalaw.orghttps://new.kenyalaw.org/akn/ke/judgment/kesc/2026/46/eng@2026-06-19
Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.