JEREMIAH NYAGA RUFUS v JOSEPH MWANIKI MUCHIRA [2007] KEHC 223 (KLR)

REPUBLIC OF KENYA

HIGH COURT AT EMBU

MISC CIV APPLI 189 OF 2006

JEREMIAH NYAGA RUFUS…………………………………………..APPLICANT

VERSUS

JOSEPH MWANIKI MUCHIRA……………………………………RESPONDENT

RULING

Being Notice of Motion dated 21/12/2006 the applicant seeks leave to file appeal out of time against order of subordinate court in Kerugoya Senior Resident Magistrate Civil Case No. 380 of 2003 made on 10/4/2006.  The application is supported by affidavit explaining the delay.  The draft memorandum of appeal is exhibited and there is a certificate of delay showing there was pressure of work in court typing pool and that the copies were ready by 30/11/2006.

I have perused in Replying Affidavit paragraph 4 therefore argues on the matter the lower court was finalized paragraph refers to Section 27 of Civil Procedure Act. There are matters to be raised in the appeal.  The allegation that there is no automatic right of appeal from the types of orders it is proposed to appeal is a several allegation with no support.

Upon considering submissions by both sides and convinced that the application should be allowed.  The delay complained of is not excessive in the circumstances of this matter.  Orders are granted as prayed.  The proposed appeal to be filed within the next 14 days c.

Costs to the Respondent.

Dated this 24th July, 2007.

J.  N. KHAMINWA

JUDGE

24/7/2007

Khaminwa – Judge

Njue – Clerk

Mr. Munene HB for Mr. Chomba

Ruling read in open court.

J. N. KHAMINWA

JUDGE