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The Court of Appeal dismissed an application for extension of time after finding a 4-year delay was not plausibly explained by a bare claim of lost contact with counsel.
Yabuna v Munene & 2 others (Environment and Land Case 170 of 2017) [2026] KEELC 2711 (KLR) (6 May 2026) (Ruling)
The applicant failed to demonstrate sufficient cause for reinstatement. The court found he was out of touch with his own case, had not shown credible efforts to follow up on the proceedings, had not given plausible evidence of the alleged closure of his former advocate’s firm, and had not explained the repeated non-attendance despite proper service. Blaming counsel was insufficient, and the application was dismissed for lack of merit.
Source excerpt
On appeal, the High Court set aside the trial court's refusal to set aside a default judgment, holding that the advocate's failure to pay thrown-away costs and file a defence was an excusable mistake and should not bar the appellant from being heard.
The Court of Appeal declined to extend time for a late succession appeal, finding no proof that the instruction letter was delivered or that the applicant followed up diligently.
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