Stephen Wanyee Roki v [2017] KESC 22 (KLR)

Stephen Wanyee Roki v (Miscellaneous Application 26 of 2015) [2017] KESC 22 (KLR) (23 March 2017) (Ruling)

Stephen Wanyee Roki v K-Rep Bank Limited & 2 others [2017] eKLR

Neutral citation: [2017] KESC 22 (KLR)

Republic of Kenya

In the Supreme Court of Kenya

Miscellaneous Application 26 of 2015

JB Ojwang & NS Ndungu, SCJJ

March 23, 2017

Between

Stephen Wanyee Roki

Applicant

and

K-Rep Bank Limited

1st Respondent

City Council of Nairobi

2nd Respondent

David Waweru

3rd Respondent

Ruling

(An application for extension of time to file a notice of appeal under Sections 15 & 16 of the Supreme Court Act, 2011 1. Upon perusing the application dated 15th October 2015 and filed on 21st October 2015 for extension of time to file a notice of appeal against the Ruling of the Court Appeal delivered on 25th September 2015; and

2. Upon reading the affidavit of Stephen Wanyee Roki sworn on the 15th day of October2017; and

3. Upon considering the written submissions on record for the applicant and the respondent; in which the applicant contends that the delay occurred after he became indisposed due to the shock of losing the matter at the Court of Appeal;the respondents contend that the application lacks the threshold for grant of the Orders sought since it arises out of an interlocutory application and the main suit in the High Court is still pending, and the substantive appeal has never been filed at the Court of Appeal;

4. We Make the following Orders under Section 23(2) of the Supreme Court Act, Rule 31(1) of the Supreme Court Rules:

Orders 5. We dismiss the application with costs.

Reasons 6. The application is on a matter that has not been heard on merit by the High Court; and a substantive appeal has neither been filed at the Court of Appeal, nor before this Court. The principles set out in Peter Ngoge v. Hon. Francis Ole Kaparo & 5 Others, Petition 2 of 2012 have not been met.

DATED AND DELIVERED AT NAIROBI THIS 23RD DAY OF MARCH, 2017. …………………………………………J.B. OJWANGJUSTICE OF THE SUPREME COURT…………………………………………S. N. NDUNGUJUSTICE OF THE SUPREME COURTI certify that this is a true copy of the originalREGISTRARSUPREME COURT OF KENYA.