https://new.kenyalaw.org/akn/ke/judgment/keelc/2026/4246
The court exercised its discretion to enlarge time because the applicant had given sufficient reasons for the delay, the delay of about six months was not treated as inordinate in the circumstances, and the right of appeal should be protected where the intended appeal is arguable.
Source-derived case information.
- Citation
- [2026] KEELC 4246 (KLR)
- Parties
- Appellant/applicant: Cornel Oyugi Othieno; 1st Respondent: Eliud Ogembo Licensed Land Surveyor No.27; 2nd Respondent: Fred Owino Oduong; 3rd Respondent: Oriang Omondi; 4th Respondent: Henry Onyango Ohanga
- Court
- Environment and Land Court
- Jurisdiction
- Kenya
- Case Number
- Environment and Land Miscellaneous Application E009 of 2026
- Procedural Posture
- Environment and Land Miscellaneous Application / Application for Extension of Time to File Appeal Out of Time
- Outcome
- Application allowed
- Judges
- ["AE Dena"]
- Legal Topics
- Extension of Time, Appeal Out of Time, Sufficient Reason, Discretion of Court, Delay in Filing Appeal, Right of Appeal
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Cornel Oyugi Othieno
Appellant/applicant
Eliud Ogembo Licensed Land Surveyor No.27
1st Respondent
Fred Owino Oduong
2nd Respondent
Oriang Omondi
3rd Respondent
Henry Onyango Ohanga
4th Respondent
Procedural Posture
Environment and Land Miscellaneous Application / Application for Extension of Time to File Appeal Out of Time
Legal Issues
- 1 Whether sufficient reason had been shown to warrant extension of time under section 79G of the Civil Procedure Act.
- 2 Whether the 6-month delay in filing the appeal was inordinate.
- 3 Whether the intended appeal was arguable.
Ratio Decidendi
The court exercised its discretion to enlarge time because the applicant had given sufficient reasons for the delay, the delay of about six months was not treated as inordinate in the circumstances, and the right of appeal should be protected where the intended appeal is arguable.
Court Disposition
Application allowed
Orders
- Time enlarged for filing an appeal out of time.
- Memorandum of appeal to be filed within 14 days from the date of the ruling.
Full Case Text
Judgment text and source record
1 paragraphs
Othieno v Ogembo & 3 others (Environment and Land Miscellaneous Application E009 of 2026) [2026] KEELC 4246 (KLR) (8 July 2026) (Ruling) Neutral citation: [2026] KEELC 4246 (KLR) Republic of Kenya In the Environment and Land Court at Siaya Environment and Land Miscellaneous Application E009 of 2026 AE Dena, J July 8, 2026 IN THE MATTER OF AN INTENDED APPEAL FROM THE JUDGMENT/RULING/DECREE OF UKWALA LAW COURT IN MCELC CASE NO. E045 OF 2024 DATED 21ST AUGUST 2025 Between Cornel Oyugi Othieno Appellant and Eliud Ogembo Licensed Land Surveyor No.27 1st Respondent Fred Owino Oduong 2nd Respondent Oriang Omondi 3rd Respondent Henry Onyango Ohanga 4th Respondent Ruling 1.I have seen application for extension of time to file appeal out of time dated 27/2/2026 and the supporting affidavit of Cornel Oyugi Otieno sworn on 27/2/2026. The application is brought under the provisions of see 79G of the Civil procedure Act. The provisions donate power to the court to enlarge they’re for filing of an appeal outside the 30 days required provided that there is sufficient reasons and which counsel in its submission has cited and correctly so. 2.With regard to the criteria sufficient reason. I will be guided by the case of Salat Vs. Independent Electoral and Boundaries Commission & 7 Others KESC 12 KLR also cited by the applicant. 3.The main reason for the delay is that the outcome of the judgment in the trial Court was against him and which disoriented him and he had to flee and relocate his home for fear of his life, he was also impecunious and that the proceedings took long to be availed. 4.I think I will exercise my discretion in favour of the right of appeal. Given the circumstances the delay herein is of about 6 months which I would not render inordinate for each case is decided upon its own facts. As to arguability of the appeal, an arguable appeal is one that need not succeed but just raise grounds that are urguable before the appellate court. 5.I will allow the notice of motion application dated 27/2/2026 and enlarge time as follows.1.The Memorandum of appeal shall be filed within 14 days of today’s date2.In default of order 1 above the leave herein shall automatically lapse on the 15th day.3.There shall be no orders as to costs. HON. A.E. DENAJUDGE8. 7.2026RULING DELIVERED AND DATED THIS 8TH DAY OF JULY 2026HON. LADY JUSTICE A.E. DENAJUDGE8/7/2026Ruling delivered virtually through Microsoft teams Video Conferencing Platform in the presence of:Mr. Odhiambo for the ApplicantsNo appearance for the RespondentsCourt Assistant – Abiud Wekesa