Ondieki v Joseph [2023] KEHC 23495 (KLR)

Ondieki v Joseph (Miscellaneous Application 107 of 2023) [2023] KEHC 23495 (KLR) (12 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23495 (KLR)

Republic of Kenya

In the High Court at Kisumu

Miscellaneous Application 107 of 2023

RE Aburili, J

October 12, 2023

Between

Samuel Ondieki

Applicant

and

Erick Joseph

Respondent

(Application for to file an appeal out of time from the Judgment of the Small Claims Court Case No. E014 of 2023 Erick Joseph Ochola v Samuel Ondiek & Grace Rabut delivered on April 6, 2023 by Hon. G. C. Serem SRM, Adjudicator.)

Ruling

1. The application dated June 26, 2023 seeks leave of court to file an appeal out of time from the Judgment of the Small Claims Court Case No. E014 of 2023 Erick Joseph Ochola vs Samuel Ondiek & Grace Rabut delivered on April 6, 2023 by Hon. G. C. Serem SRM, Adjudicator.

2. The application which is argued orally is supported by grounds and an affidavit sworn by Samuel Ondiek explaining reasons for the delay that the Applicant instructed the advocate on record to appeal but realized that no appeal had been filed after lapse of time hence he instructed the current advocates to represent him.

3. The application is unopposed.

4. I have considered the application, grounds and supporting affidavit. The Respondent was served but no response in opposition has been filed. I grant the Applicant leave to appeal to this court on points of law only from the Small Claims Court Case number E014 of 2023.

5. The appeal to be filed and served within seven (7) days from the date of hereof.

6. I make no orders as to costs.

7. This file is closed. I so order

DATED, SIGNED AND DELIVERED AT KISUMU THIS 12TH DAY OF OCTOBER, 2023R. E. ABURILIJUDGE