Walubengo v Chiboli [2023] KEHC 23337 (KLR) | Extension Of Time | Esheria

Walubengo v Chiboli [2023] KEHC 23337 (KLR)

Full Case Text

Walubengo v Chiboli (Civil Appeal 53 of 2021) [2023] KEHC 23337 (KLR) (12 October 2023) (Ruling)

Neutral citation: [2023] KEHC 23337 (KLR)

Republic of Kenya

In the High Court at Kitale

Civil Appeal 53 of 2021

AC Mrima, J

October 12, 2023

Between

Ronald Sawenja Walubengo

Applicant

and

Christine Chiboli

Respondent

Ruling

1. Before court for consideration is the applicant’s application by way of Notice of Motion dated January 16, 2023.

2. The application sought for an extension of time within which to comply with an Order of this court requiring the applicant to obtain and furnish the Court with a Bank Guarantee for Kshs. 2,000,000/= (Read: Kenya Shillings Two Million Only).

3. According to the affidavit is support of the application, the applicant sought for at most 2 months’ extension of time.

4. The application was opposed by the respondent. She filed Grounds of Opposition.

5. Parties filed respective submissions on the application. They referred to several decisions thereto.

6. Having considered the application, the submissions and the decisions, this court finds that the application is by now utterly overtaken by events. That is so because the extension of time of 2 months sought in January 2023 lapsed sometimes in March, 2023. In fact, by the time this court issued directions on the hearing of the application on April 18, 2023, the application was already overtaken by events.

7. On the basis of the foregoing and in the unique circumstances of this matter, the following final orders do hereby issue: -a.Leave to furnish the court with a Bank Guarantee as ordered on November 24, 2022 is hereby extended to the October 19, 2023. b.In the event of non-compliance with order (a) above, execution of the decree to issue.c.The proceedings in the lower court case be typed and certified.d.Further directions on the appeal on appeal on a date to issue.It is so ordered.

DELIVERED, DATED AND SIGNED AT KITALE THIS 12TH DAY OF OCTOBER, 2023. A. C. MRIMAJUDGERuling No. 1 delivered virtually in the presence of:Miss Nafula for Mr. Kraido, Learned Counsel for the Applicant.Mr. Nyamu, Learned Counsel for the Respondent.Regina/Chemutai – Court Assistants.