Case Analysis

Late Land Appeal and Proof of Instructions to an Advocate Lawyer and Advocate at Butali Law Courts

Looking for a lawyer or advocate for late land appeal and proof of instructions to an advocate at Butali Law Courts? This guide explains Shilaro v Shilaro & another and the documents to prepare for an independent consultation.

Extension of time was refused without deciding the land appeal

The Court of Appeal at Kisumu refused the extension application, with costs to the first respondent, because delay and its explanation did not justify relief. The record traces the land dispute to Butali and then Kakamega ELC. This was not a new determination of ownership. The reproduction contains differing application dates; check the filed documents and registry record before using its chronology.

Identify the decision you actually intend to challenge

A late land appeal lawyer needs the judgment or ruling being challenged and the resulting order. Bring the earlier Butali record and the later appellate proceedings so that an advocate can identify the current stage. A complaint about a stay order is different from a complaint about the original land judgment. Keep each decision separately labelled with its date, court and file number instead of treating the whole dispute as one appeal.

Prepare a chronology showing delivery, receipt and the steps taken afterwards. Include any notice, memorandum or record already filed, together with proof of filing and service. A lawyer needs to assess which procedural step is missing and which route may be available. An intention to appeal is not the same as a filed document, and a registry receipt should be preserved alongside the document to which it relates.

Preserve the instructions given to the former advocate

Gather the engagement letter, written instructions and messages about the proposed appeal. Identify when you asked for action, what decision you referred to and what response was received. An advocate reviewing a delay explanation needs contemporaneous material rather than only a later statement that someone else was expected to act. Keep the complete conversation so that its context and any qualifications remain visible.

Include requests for updates and any documents supplied by the former adviser. A lawyer should be able to distinguish a confirmed filing from an assurance that preparation was underway. Record when you first discovered the missing step and what you did next. Avoid making unsupported accusations against a professional; explain the chronology accurately and provide the evidence on which your account rests, including communications that may not support it.

Account for the whole period of delay

Write a dated explanation covering the period between the relevant decision and the present request for advice. An advocate needs to understand the sequence, including periods when you were waiting for a record, communicating with counsel or taking no step. Explain gaps honestly. A single explanation for one short interval may leave other parts of the chronology unresolved and should not be presented as covering events it does not address.

Attach records supporting illness, communication difficulties or other circumstances you rely on where available. A lawyer can assess their relevance to the specific period and procedural step. Do not invent a date or reuse evidence from an unrelated event. Ask which facts need further verification and whether the available material adequately explains the chronology. Preparation should make the actual account clearer rather than create a more favourable version of events.

Keep the land merits and the procedural application separate

Organise title documents, relevant agreements and the earlier evidence in a separate section from the delay material. An advocate may need both, but they answer different questions. Identify the grounds you wish to raise using the actual decision and record. A lawyer should assess them before a procedural request is drafted rather than assume that disagreement with the outcome establishes a viable appeal.

Bring existing stay orders and explain what is happening on the property now, including any construction, occupation or enforcement step supported by evidence. A lawyer needs the current position to assess practical consequences. Do not assume that asking for more time suspends an existing order. Keep urgent events documented and seek specific advice about the applicable orders and lawful next step on the actual record.

Prepare the consultation around the missing step

State whether you need advice on a notice, extension application, record preparation, service or an existing application already before the court. Include the latest correspondence and court directions. An advocate should check present procedure and deadlines using the relevant decision and current law. A period mentioned in this published ruling does not become a new deadline for every land dispute or excuse delay in another file.

Ask what records must be obtained, who will handle the next step and how filing and service will be confirmed. Keep copies of the documents and acknowledgements once action is taken. A lawyer can explain the evidential risks without promising that an extension will be granted. Clear instructions and documented follow-up make it easier to assess the real procedural position while keeping the underlying ownership dispute distinct.

Editorial analysis checked on 6 October 2026. Practical document guidance is commentary. The cited case is not our firm’s case or a promised outcome; later orders may affect its position.