Automated Summary
Key Facts
The applicant, Makwata Patrick Anyangu, sought leave to appeal out of time against a March 11, 2024 ruling that reverted land titles to the respondents. He claimed a three-month delay in filing the appeal was due to lack of notification about the ruling's delivery. The court granted the extension, finding the delay excusable, and issued 12-month inhibition orders on parcels L.R No. S/Wanga/Lureko/717 and 1138 to preserve the property pending appeal. Costs were split equally between parties.
Deceased Name
John Daniel Makwata
Issues
- The second issue involved determining whether the applicant met the threshold for an inhibition order to stop further dealings, registration, and transactions on the disputed land parcels (L.R No. S/Wanga/Lureko/717 and L.R No. S/Wanga/Lureko/1138). The court evaluated if preserving the property was necessary to prevent the appeal from being nugatory, given the respondents' subsequent actions to subdivide the land.
- The court considered whether there was good and sufficient cause to grant the applicant leave to file an appeal out of time against a ruling delivered on 11th March 2024. The applicant argued that the delay in filing the appeal was inadvertent and excusable due to the court's failure to notify parties of the ruling date, despite repeated inquiries by counsel.
Holdings
- The court extended the time for filing the appeal, allowing the applicant 30 days from the date of the ruling (8 October 2025) to submit the Memorandum of Appeal, citing the applicant's prompt action upon discovering the ruling.
- The court granted the applicant leave to appeal out of time against the ruling delivered on 11th March 2024, finding the delay excusable due to lack of notification and the applicant's continued efforts to seek the ruling.
- An inhibition order was issued to stop further dealings, registrations, and transactions on parcels L.R No. S/Wanga/Lureko/717 and L.R No. S/Wanga/Lureko/1138 for 12 months, to preserve the property pending the appeal and prevent prejudice to the applicant.
Remedies
- The court granted the applicant leave to appeal out of time against the ruling delivered on 11 March 2024 by Hon. Z.J Nyakundi (PM) in Kakamega MCELC Case No. E030 of 2020. This remedy allows the appeal to proceed despite the expiration of the standard 30-day filing period.
- The court extended the time for filing the appeal against the 11 March 2024 ruling. The applicant must file and serve the Memorandum of Appeal within 30 days of the date of this ruling (8 October 2025).
- The court ordered that each party (applicant and respondents) shall bear its own costs associated with this application, deviating from the standard rule that the applicant bears costs for time extensions.
- An inhibition order was issued to stop further dealings, registrations, and transactions on the land parcels L.R No. S/Wanga/Lureko/717 and L.R No. S/Wanga/Lureko/1138 for a period of 12 months from 8 October 2025. This remedy preserves the subject property pending the appeal.
Legal Principles
- The court relied on Order 50 Rule 6 of the Civil Procedure Rules and principles from the Nicholas Kiptoo Arap Korir Salat case, emphasizing the burden of the applicant to demonstrate good and sufficient cause for an out-of-time appeal, considering the length of delay, reasons for delay, prejudice to respondents, and whether the application was made without undue delay.
- The court applied Section 68 of the Land Registration Act to grant an inhibition order, preserving the subject land parcels to prevent dealings that could prejudice the applicant's appeal. This was based on the inherent power under sections 3A and 63(e) of the Civil Procedure Act to ensure justice is not defeated.
Precedent Name
Nicholas Kiptoo Arap Korir Salat –vs- Independent Electoral and Boundaries Commission & 7 Others
Cited Statute
- Civil Procedure Act
- Civil Procedure Rules
- Land Registration Act
Judge Name
A. Nyukuri
Passage Text
- 21. Section 27 of the Civil Procedure Act provides that costs shall be awarded at the court's discretion and they follow the event. The proviso to Order 50 Rule 6 provides that the party who seeks extension of time should bear the costs thereof. In this case however, as the fact that the delay to file appeal was occasioned by the failure of court to inform parties of the ruling date, I order that each party shall bear its own costs of the application.
- That this Honorable Court be and is hereby pleased to issue an order of inhibition stopping further dealings, registrations and transactions on titles for parcels of land known as L.R No. S/Wanga/Lureko/717 and L.R No. S/Wanga/Lureko/1138 respectively, for a period of 12 months from the date of this ruling.
- juxtaposing the impugned orders made in the ruling of 11th March 2024 and the extracted orders of 18th March 2024 on one part, against the determined application dated 20th November 2023; it is apparent and prima facie that in its ruling, the trial court made orders for setting aside judgment and granting the defendants leave to file defence when no such prayers had been sought. Besides, the order extracted on 18th March 2024 cancelling the applicant's title and reverting it to the respondents, is an order that was never sought in the notice of motion dated 20th November 2023 nor granted in the impugned ruling of 11th March 2024.