Makokha & another v Maliba ((Suing as Legal Representative of the Estate of Antony Gisiye (Deceased)) [2022] KEHC 13861 (KLR) | Extension Of Time | Esheria

Makokha & another v Maliba ((Suing as Legal Representative of the Estate of Antony Gisiye (Deceased)) [2022] KEHC 13861 (KLR)

Full Case Text

Makokha & another v Maliba ((Suing as Legal Representative of the Estate of Antony Gisiye (Deceased)) (Miscellaneous Civil Application E062 of 2021) [2022] KEHC 13861 (KLR) (6 October 2022) (Ruling)

Neutral citation: [2022] KEHC 13861 (KLR)

Republic of Kenya

In the High Court at Kakamega

Miscellaneous Civil Application E062 of 2021

PJO Otieno, J

October 6, 2022

Between

Stephen Wesonga Makokha

1st Appellant

Moses Adepa

2nd Appellant

and

Gnatious Opema Maliba

Respondent

(Suing as Legal Representative of the Estate of Antony Gisiye (Deceased)

Ruling

1. The delay and failure to file the appeal by the 13th of February 2022 has been blamed on change of Advocates without more. The Court deems that flimsy but however takes the view that the right to access justice, even by way of an appeal, is fundamental and deserves enjoyment by the applicant here.

2. In coming to that conclusion, I have equally appreciated that the delay for a period of some six (6) days is not inordinate. I do extend time and deem the appeal, Kakamega HCCA. No. 10 of 2022, duly filed.

3. On stay, and its terms, I equally extend the time to comply with the order for deposit of the decretal sum by a period of twenty one (21) days from today.

4. To progress the appeal, it is directed as follows:-(i)The record as well as submissions be filed and served by the Appellants within thirty (30) days from today to enable the Respondent also file and serve own submissions within thirty (30) days after service.(ii)The appeal is therefore admitted to hearing and shall be canvassed by way of written submissions.

5. Time is of essence and any default to so comply with any of the conditions above will result in the orders of stay being disclosed and the appeal itself being dismissed.

6. Mention on 8. 12. 2022 for further orders.

7. Let this file be placed together with the Appeal No. 10/2020 at all times.

8. These directions be extracted by Mr. Oduor and served upon the Respondent within seven (7) days.

DATED, SIGNED AND DELIVERED IN KAKAMEGA THIS 6TH DAY OF OCTOBER 2022. PATRICK J. O. OTIENOJUDGEIn the presence of:Mr. Oduor for the ApplicantNo appearance for Ms. Makali for the RespondentCourt Assistant: Polycap Mukabwa