Rabadia & another v Naran & 3 others (Civil Application E049 of 2026) [2026] KECA 1636 (KLR) (31 July 2026) (Ruling) Neutral citation: [2026] KECA 1636 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT ELDORET CIVIL APPLICATION E049 OF 2026 MN NDUMA, JA JULY 31, 2026 BETWEEN RAVJI NARAN RABADIA ............................................................... 1ST APPLICANT AMAGHBAI RAVJI NARAN ........................................................... 2ND APPLICANT AND MAYURIBEN LAKHMAN NARAN ........................................... 1ST RESPONDENT MANILAL RAVJI NARAN .......................................................... 2ND RESPONDENT MUTHONI NGARUIYA .............................................................. 3RD RESPONDENT YASMIN SHAMIRA LAKHMAN ............................................... 4TH RESPONDENT (Being an application for extension of time to file Notice of Appeal and an Appeal out of time from the decision of Eldoret High Court (R. Nyakundi, J.) delivered on 1st March, 2026inHC SUCC. Cause No. E020 of 2020) RULING 1. The Notice of Motion application dated 30th April 2026 seeks extension of time to file a notice of appeal and the appeal against the ruling delivered in Eldoret HC Succession Cause No. E020 of 2020 on 1st March 2026. 2. The application is brought under section 6 of the Appellate Jurisdiction Act and rules 4, 42 and 75 of the Court of Appeal Rules. Its grounds are set out on the face of the application and further buttressed on the affidavit of Ravji Naran Rabadia, the 1st applicant, both dated 30th April 2026. The grounds are restated in the written submissions filed by the firm of Nyambegera & Co Advocates dated 15th July 2026. https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1636/eng@2026-07-31 1
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3. The applicants contend that they were denied an opportunity to tender evidence in support of their dependence which necessitated lodging an appeal. The applicants aver that the contested ruling was delivered without notice to parties and they only became aware of the ruling on 23rd April 2026 from the petitioners/administrators. Further, the applicants submit that due to the delay in notification, the 14 days period for filing the notice of appeal lapsed, precipitating this application. It is also the applicants’ contention that the appeal is arguable and the respondents will not be prejudiced if the application is allowed. 4. The respondents have not filed any replying affidavit and written submissions in opposition to the application. There is proof that the Court issued directions vide hearing notice sent on 10th July 2026 at 8:34 a.m. to all parties, however, the applicants have not adduced any evidence indicating compliance in serving the respondents with their application and written submissions as directed. This omission though not fatal to the application means that I am unable to consider the application in the absence of any filing by the respondents in the circumstances aforesaid. 5. Accordingly, the matter is referred to the Deputy Registrar for issuance of further directions on the disposal of the application by a single Judge. DATED AND DELIVERED AT ELDORET THIS 31ST DAY OF JULY, 2026. NDUMA NDERI …………………………… JUDGE OF APPEAL I certify that this is a true copy of the original. Signed. DEPUTY REGISTRAR https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1636/eng@2026-07-31 2
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