A court ruling can allow the next procedural step without delivering the outcome a party wanted. For someone assessing land connected to litigation, that distinction matters: permission to challenge an appeal is not an order ending it.
In Harambee Co-operative Savings and Credit Society Ltd v Toshike Construction Company Limited, the Court of Appeal at Nairobi addressed that narrower question in Civil Appeal (Application) No. E536 of 2022. The single-judge ruling by L. Njuguna, J.A., was delivered on 6 March 2026. It arose from Environment and Land Court Case No. E230 of 2019. [Primary ruling][ruling] (printed p. 1, caption; p. 4, dated closing).
What Harambee asked for
Harambee's motion sought more than additional time. It asked for leave extending time to bring a strike-out application, for the motion to be treated as duly filed, and for the memorandum of appeal, record of appeal and notice of appeal themselves to be struck out. These were requests, not the court's eventual orders. [Primary ruling][ruling] (printed pp. 1–2, para. 1 and prayers).
The applicant alleged defects in the appeal documents and their service. Its account was that a copy of the notice had been received, but counsel awaited a duly lodged, signed and stamped notice that was never served. Harambee also challenged the memorandum's authentication and alleged that necessary leave to extend time had not been sought. [Primary ruling][ruling] (printed p. 2, paras. 4–6).
Transfer assertions were not title findings
Harambee further asserted that the underlying judgment and decree had already been executed, that the Deputy Registrar had signed and executed a transfer of the property, and that gazettement of a converted registration number remained outstanding. Those statements formed part of the applicant's case. They should not be converted into this article's confirmation that registration was completed or that title was valid. [Primary ruling][ruling] (printed p. 3, paras. 7–8).
The court recorded that Toshike had not filed a response. It then considered the application and the principles governing extension of time, including the explanation for delay and possible prejudice. An unanswered application still required the court to decide what relief to grant. [Primary ruling][ruling] (printed p. 3, paras. 9–11).
The order required another application
The judge accepted the explanation for delay and stated that Harambee had never been served with a valid notice of appeal. The motion was partially allowed, with leave to file a separate application seeking to strike out the memorandum of appeal, record of appeal and notice of appeal. That application was to be filed within seven days. There was no order as to costs. [Primary ruling][ruling] (printed p. 4, paras. 12–13).
The appeal was not struck out by this ruling. Nor did the ruling decide ownership afresh. Whether the separate application was later filed, how it was determined, and what later happened to the appeal or property are unknown from the material reviewed here.
What a land decision-maker should check
The practical lesson is to track the order made, not just the relief requested. A buyer, owner or lender reviewing a litigation file can ask a Kenyan advocate:
- Does the document grant permission for another application, or determine that application?
- What subsequent filings and orders establish the position after this ruling?
- Which official records support any assertion about execution, transfer or registration?
These are questions for further diligence, not a complete transaction checklist. A party's account of a transfer and a court's procedural order answer different questions.
Evidence for monitoring, not a title guarantee
ArdhiScore provides parcel intelligence from available court, gazette and field evidence to support monitoring alongside professional diligence. It does not guarantee valid title, prevention of loss or complete coverage, and does not provide registry or private bank access. See how ArdhiScore works, including what still needs official and professional confirmation.
[ruling]: https://judiciary.go.ke/download/court-of-appeal-judgments-and-rulings-civil-appeals/
Official source: Judiciary civil-appeal judgments and rulings collection. Locate Civil Appeal (Application) No. E536 of 2022; the page and paragraph references above identify the relevant passages.