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Mwakuzimu & another v Germano Chincherini Foundation (The Registered Trustee) [2025] KECA 1335 (KLR)
The Court of Appeal struck out an application for extension of time, holding that no notice of appeal on record meant there was no jurisdiction to grant relief.
Juma v Pinkertons’ Kenya Limited [2025] KEELRC 2161 (KLR)
The court found that the appeal was filed more than one year after the trial court's judgment, well outside the 30-day period prescribed by Section 79G of the Civil Procedure Act, and without any leave of court. The explanation provided by the appellant, including delays in obtaining certified proceedings and the advocate's absence, did not justify the failure to file the memorandum of appeal within time, as certification is not required for the memorandum. The court further held that the record of appeal was incomplete, lacking certified proceedings, in violation of Order 42 rule 13(4)(c) an…
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County Government of Bomet v Kenya County Government Workers Union & another [2025] KECA 1311 (KLR)
The Court of Appeal dismissed a county government appeal and upheld findings that the grievants had been retained on lawful employment terms after their fixed-term contracts lapsed.
Tensenses Africa (EPZ) Limited & 2 others v Registrar of Companies [2025] KEHC 9961 (KLR)
The court found that the delay in registering the Debenture was not deliberate or negligent but was occasioned by procedural and administrative challenges, including the need for the Applicants to register on the Ardhisasa platform and delays in the clearance of funds and release of the Debenture from the Lands Registry. The court was satisfied that these constituted reasonable cause within the meaning of Section 888 of the Companies Act. No creditor, member, or third party had suffered prejudice as a result of the delay, and granting the extension would prevent significant prejudice to the 3…
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NCBA Bank Kenya Plc v Registrar of Companies [2025] KEHC 9909 (KLR)
The Court found that the delay in registering the charge was occasioned by technical hitches on the Ardhisasa portal, which was the only lawful platform for registration of digitized property transactions. The Applicant's Advocates had acted diligently and lodged the application in good time, but the statutory period lapsed due to system-related issues beyond their control. The omission was not deliberate or negligent, and there was no evidence of prejudice to creditors or members of the company. The Court held that Section 888 of the Companies Act vests it with discretion to extend the time…
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Ngita v Njagwa & 14 others [2025] KEELC 5394 (KLR)
The court held that the application for stay of execution was incompetent and premature because the applicant failed to first seek similar orders in the trial (subordinate) court as mandated by Order 42 Rule 6(1) of the Civil Procedure Rules. The appellate court only assumes jurisdiction to consider such an application after the trial court has pronounced itself on the matter. The applicant's explanation for not moving the lower court—namely, a complaint to the Judicial Service Commission—was found to be misplaced and did not excuse non-compliance with the procedural requirement. Additionally…
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Equity Bank (Kenya) Limited v Registrar of Companies [2025] KEHC 9498 (KLR)
The High Court granted Equity Bank time to register a charge out of time, finding the delay was explained by the unavailability of the original sub-lease.
Edema v Bariso [2025] KECA 1251 (KLR)
The court found that although the applicant had previously been granted leave to file an appeal out of time and the notice of appeal was filed within the extended period, the record of appeal was not filed. The applicant, now acting in person, was unaware of the earlier extension due to lack of communication from former counsel. The court acknowledged the technical difficulties faced by self-represented litigants but emphasized that procedural rules must be followed. However, in the absence of opposition from the respondent and considering the applicant's circumstances, the court exercised it…
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Dokhole & another v Usinfecha & 5 others [2025] KEELC 4875 (KLR)
The court dismissed an application to review judgment, finding it incompetent, barred by a pending notice of appeal, and unsupported by new evidence.
Simpiri v Nakuru Teachers Housing Co-operative Society Limited & another [2025] KEELC 4767 (KLR)
The court dismissed a preliminary objection in an adverse possession claim, but ordered the plaintiff to file a certified extract of title within 30 days or face striking out.
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