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Gachuki v Kiunyu [2025] KECA 1316 (KLR)
The Court of Appeal dismissed an application to extend time to file a notice of appeal, finding the applicant had not adequately explained the delay.
Muhoro v Ndiema & another [2025] KEHC 10377 (KLR)
The High Court at Malindi dismissed an application for stay of execution pending appeal after finding the appellant had disobeyed a prior deposit order.
Midland Emporium Limited v Housing & Industrial Development Contractors [HAIDCO] Limited & another [2025] KEHC 10660 (KLR)
The court found that the documents the 2nd defendant sought to introduce were created close to the time the suit was filed and their existence was within the applicant's knowledge. With due diligence, the 2nd defendant should have filed the documents with its defence or before the hearing of the plaintiff's case. The applicant failed to demonstrate any difficulties in obtaining the documents or any exceptional circumstances justifying their late introduction. Allowing the application would prejudice the plaintiff, who had already closed its case after an 18-year litigation period. The court c…
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Mwangi v Chege & 5 others [2025] KEELC 5381 (KLR)
The court found that although the appeal and submissions were filed one day late, the delay was not inordinate or deliberate and was occasioned by circumstances beyond the applicant's control, including delay in obtaining typed proceedings and technical difficulties. The court held that it retains discretion under Sections 79G and 95 of the Civil Procedure Act to admit documents out of time where sufficient cause is shown. The doctrine of functus officio does not preclude the court from exercising this discretion in procedural matters, especially where the right to be heard is at stake and no…
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Langat v Langat [2025] KECA 1239 (KLR)
The Court of Appeal dismissed an application to file an appeal out of time, finding the delay was not satisfactorily explained and no valid notice of appeal was on record.
Wagah v Mwai [2025] KEELC 5249 (KLR)
The appellate court found that the trial court did not err in dismissing the application for summary judgment, as the defence raised bona fide triable issues, including a boundary dispute and denial of encroachment, which required determination at trial. The court affirmed that summary judgment is a draconian remedy reserved for clear cases with no defence, and the presence of a plausible defence necessitates a full hearing. However, the appellate court held that the dismissal of the suit for non-attendance was not justified, as counsel for the appellant was present in the morning holding bri…
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Humphrey & Company Advocates v Busia Bottlers Limited [2025] KEHC 10026 (KLR)
The High Court declined to extend time for an advocates’ taxation reference, finding the applicant gave no credible proof of e-filing technical delays.
In re Bank of Baroda (Kenya) Limited & another [2025] KEHC 9960 (KLR)
The court found that the delay in registering the Fourth Further Charge was occasioned by administrative challenges beyond the Applicants' control, specifically the digitization process at the Ministry of Lands, which delayed access to the necessary Deed File. The omission was neither deliberate nor negligent, and there was no evidence of prejudice to creditors, members, or third parties. The court exercised its discretion under Section 888 of the Companies Act to grant an extension, holding that justice required the omission to be rectified and the charge to be registered within the extended…
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M’Amiru v Kirathi [2025] KEELC 5166 (KLR)
The court found that the application sought to set aside a non-existent interlocutory injunction judgment, as only a final judgment had been entered and executed. The court held that it lacked jurisdiction to set aside non-existent orders and that the application was filed after an unreasonable and unexplained delay of over twelve months. The applicant failed to demonstrate due diligence or provide satisfactory reasons for the delay, and the court emphasized that equitable discretion cannot be exercised in favor of a party who has been indolent and failed to act promptly. The court further he…
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Maruti & 8 others v Wanyonyi & 4 others [2025] KEHC 9930 (KLR)
The High Court at Bungoma granted an adjournment sought by the 3rd to 5th respondents because counsel was indisposed, but awarded the plaintiff Ksh 17,500 in costs.
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