JONES MURIITHI MATHENGE v BENJAMIN KIRIMI INOTI [2006] KEHC 2179 (KLR)

REPUBLIC OF KENYA IN THE HIGH COURT OF KENYA AT NYERI

Misc Appli 76 of 2006

JONES MURIITHI MATHENGE………………….................................…….APPLICANT

Versus

BENJAMIN KIRIMI INOTI………………….........................……………RESPONDENT

RULING

This is a Notice of motion dated 24th April, 2006 the Applicant, Jones Muriithi Mathenge, seeking leave to appeal out of time.  The application is opposed by the Respondent Benjamin Kirimi Inoti on the basis that there has been a delay of up to four months.

After hearing submissions from Mr. Muthoni for the Applicant and m/s Nderitu for the Respondent and reading the relevant affidavits, I am satisfied that the Applicant has sufficiently explained the delay in filing the appeal in a situation herein where the judgment had to be delivered in the absence of the parties because they could not be kept up to-date with the date of that judgment which was changed several times.

Accordingly the application is granted for the appeal to be filed within seven days from to-day.

Costs of this application be in the cause.

Dated this 15th day of June, 2006.

J. M. KHAMONI

JUDGE