REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT NAIROBI
SMALL CLAIM APPEAL E389 OF 2026
SEBS ESTATE LIMITED ………………………… APPLICANT/APPELLANT
VERSUS
IVORY SECURITY SERVICES LIMITED…………………… RESPONDENT
RULING
1. The applicant, Sebs Estate limited has approached this court vide a certificate of urgency issued by Alex Musangi Esquire Advocate on 5th May 2026 and a supporting affidavit sworn on even date by Edwin Gitau, ostensibly, craving for orders of stay of execution of the interlocutory judgment delivered by Hon A.G. Njuguna on 27th May 2025 in Nairobi SCCCOMM E 52228 of 2025 and leave to lodge an appeal out of time.
2. The applicant has also filed a record of appeal, a list of documents, annexures and an affidavit of service.
3. I have perused the applicant’s documents, and I am yet to encounter any substantive application. A party is bound by it’s pleadings and so is this court.
4. It is trite law that any appeal from the subordinate court to this court has to be filed within 30 days from the date of delivery of the impugned decision, save where, upon sufficient cause being shown, time is enlarged by this court. The operative section 79G of the Civil Procedure Act provides as follows :
“79G. Time for filing appeals from subordinate courts
Every appeal from a subordinate court to the High Court shall be filed within a period of thirty days from the date of the decree or order appealed against, excluding from such period any time which the lower court may certify as having been requisite for the preparation and delivery to the appellant of a copy of the decree or order:
Provided that an appeal may be admitted out of time if the appellant satisfies the court that he had good and sufficient cause for not filing the appeal in time.”
5. The applicant has failed to properly invoke the jurisdiction of this court yet jurisdiction is everything. This court cannot arrogate to itself none existent jurisdiction; the applicant herein has opted not to comply with the statutory provisions that vest this court with appellate jurisdiction. I can do no more than to down my tools. This court places reliance in the cases of the Owners Of Motor Vessel Lilian S Versus Caltex Oil Kenya Limited (1989) KLR and the Supreme Court decision in Samuel Kamau Macharia & Another Vs Kenya Commercial Bank & 2 Others (Application 2 of 2011) [2012] KESC 8 (KLR) (23 October 2012) (Ruling), where the Supreme Court of Kenya rendered itself on the issue of jurisdiction as follows:
1. “A court’s jurisdiction flows from either the Constitution or legislation or both. Thus, a court of law could only exercise jurisdiction as conferred by the Constitution or other written law. It cannot arrogate to itself jurisdiction exceeding that which was conferred upon it by law. The issue as to whether a court of law had jurisdiction to entertain a matter before it, was not one of mere procedural technicality; it went to the very heart of the matter, for without jurisdiction, the court cannot entertain any proceedings.
2. Where the Constitution exhaustively provided for the jurisdiction of a court of law, the court must operate within the constitutional limits. It could not expand its jurisdiction through judicial craft or innovation. Nor could Parliament confer jurisdiction upon a court of law beyond the scope defined by the Constitution. Where the Constitution conferred power upon Parliament to set the jurisdiction of a court of law or tribunal, the legislature would be within its authority to prescribe the jurisdiction of such a court or tribunal by statute law.”
6. The record of appeal was filed out of time on 5th May 2026 without leave of this court and so far no leave to lodge an appeal out of time has been sought wherefore the said record is a nullity ab initio and I therefore dismiss this appeal in it’s entirety.
7. Any pleading, and or document premised upon the purported record of appeal falls with the same for want of substratum.
8. This file is hereby marked as closed.
Delivered, signed and date at Milimani this 11th day of June 2026.
M. S. Shariff
Judge
IN THE HIGH COURT OF KENYA AT NAIROBI
SMALL CLAIM APPEAL E389 OF 2026
SEBS ESTATE LIMITED ………………………… APPLICANT/APPELLANT
VERSUS
IVORY SECURITY SERVICES LIMITED…………………… RESPONDENT
RULING
1. The applicant, Sebs Estate limited has approached this court vide a certificate of urgency issued by Alex Musangi Esquire Advocate on 5th May 2026 and a supporting affidavit sworn on even date by Edwin Gitau, ostensibly, craving for orders of stay of execution of the interlocutory judgment delivered by Hon A.G. Njuguna on 27th May 2025 in Nairobi SCCCOMM E 52228 of 2025 and leave to lodge an appeal out of time.
2. The applicant has also filed a record of appeal, a list of documents, annexures and an affidavit of service.
3. I have perused the applicant’s documents, and I am yet to encounter any substantive application. A party is bound by it’s pleadings and so is this court.
4. It is trite law that any appeal from the subordinate court to this court has to be filed within 30 days from the date of delivery of the impugned decision, save where, upon sufficient cause being shown, time is enlarged by this court. The operative section 79G of the Civil Procedure Act provides as follows :
“79G. Time for filing appeals from subordinate courts
Every appeal from a subordinate court to the High Court shall be filed within a period of thirty days from the date of the decree or order appealed against, excluding from such period any time which the lower court may certify as having been requisite for the preparation and delivery to the appellant of a copy of the decree or order:
Provided that an appeal may be admitted out of time if the appellant satisfies the court that he had good and sufficient cause for not filing the appeal in time.”
5. The applicant has failed to properly invoke the jurisdiction of this court yet jurisdiction is everything. This court cannot arrogate to itself none existent jurisdiction; the applicant herein has opted not to comply with the statutory provisions that vest this court with appellate jurisdiction. I can do no more than to down my tools. This court places reliance in the cases of the Owners Of Motor Vessel Lilian S Versus Caltex Oil Kenya Limited (1989) KLR and the Supreme Court decision in Samuel Kamau Macharia & Another Vs Kenya Commercial Bank & 2 Others (Application 2 of 2011) [2012] KESC 8 (KLR) (23 October 2012) (Ruling), where the Supreme Court of Kenya rendered itself on the issue of jurisdiction as follows:
1. “A court’s jurisdiction flows from either the Constitution or legislation or both. Thus, a court of law could only exercise jurisdiction as conferred by the Constitution or other written law. It cannot arrogate to itself jurisdiction exceeding that which was conferred upon it by law. The issue as to whether a court of law had jurisdiction to entertain a matter before it, was not one of mere procedural technicality; it went to the very heart of the matter, for without jurisdiction, the court cannot entertain any proceedings.
2. Where the Constitution exhaustively provided for the jurisdiction of a court of law, the court must operate within the constitutional limits. It could not expand its jurisdiction through judicial craft or innovation. Nor could Parliament confer jurisdiction upon a court of law beyond the scope defined by the Constitution. Where the Constitution conferred power upon Parliament to set the jurisdiction of a court of law or tribunal, the legislature would be within its authority to prescribe the jurisdiction of such a court or tribunal by statute law.”
6. The record of appeal was filed out of time on 5th May 2026 without leave of this court and so far no leave to lodge an appeal out of time has been sought wherefore the said record is a nullity ab initio and I therefore dismiss this appeal in it’s entirety.
7. Any pleading, and or document premised upon the purported record of appeal falls with the same for want of substratum.
8. This file is hereby marked as closed.
Delivered, signed and date at Milimani this 11th day of June 2026.
M. S. Shariff
Judge