MAO v CO [2022] KEHC 10474 (KLR)

MAO v CO (Miscellaneous Civil Case E016 of 2022) [2022] KEHC 10474 (KLR) (16 May 2022) (Ruling)

Neutral citation: [2022] KEHC 10474 (KLR)

Republic of Kenya

In the High Court at Siaya

Miscellaneous Civil Case E016 of 2022

RE Aburili, J

May 16, 2022

Between

MAO

Applicant

and

CO

Respondent

Ruling

1. The application dated 25/4/2022 was before this court for inter partes mention on 4/5/2022 and the Respondent was granted 7 days to file and serve a replying affidavit and in addition, the court implored parties to resolve the matter amicably.

2. To date, there is no replying affidavit and there is no consent recorded resolving the matter. The Respondent’s counsel is absent. His client is absent. The Application is therefore unopposed.

3. I have heard Mr. Odera advocate for the applicant on the application which seeks leave of court to file an appeal out of time from the decision made on 7/1/2022 at Ukwala Law Courts in SRM Children’s Case No. E2/2020.

4. The reason for the delay as contained in the applicant’s supporting affidavit is that the proceedings and judgment were applied for on 18/1/2022 but to date the same have not been supplied. Although there is no certificate of delay attached, which should always be attached, I am satisfied that the applicant has not deliberately delayed to file the appeal as intended.

5. Leave to appeal out of time is in the discretion of the court. I find that this is a proper case where this court’s discretion should be exercised in favour of the applicant. I allow the application dated 25/4/2022 and grant leave to the applicant to file an appeal out of time from the judgment in Ukwala SRM Children’s case No. E2/2020.

6. The appeal shall be filed and served within 21 days of today. In default, the leave granted lapses.

7. I make no orders as to costs.

8. Orders accordingly.

9. This file is closed upon extraction of this order and ruling typed which should be attached to the Memorandum of appeal to be filed.

10. File is closed.

DATED, SIGNED AND DELIVERED IN OPEN COURT AT SIAYA THIS 16TH DAY OF MAY, 2022R.E. ABURILIJUDGE