Wambua Mwangangi v Samuel Kamunye Gichigi [2013] KEHC 2865 (KLR)

REPUBLIC OF KENYA

IN THE HIGH COURT OF KENYA  AT NAIROBI

ELC.  CASE NO. 425 OF 2009

WAMBUA MWANGANGI………………………….…….……….  PLAINTIFF

VERSUS

SAMUEL KAMUNYE GICHIGI…………….………….....…DEFENDANT

RULING

I have read the Notice of Motion dated 17/7/13 which seeks for leave to be granted to the Applicant to file a Notice of Appeal out of time.  I have also read   the Affidavit of   Wambua  Mwangangi dated 17/7/13 in which he explains the reason why the Notice of Appeal was not filed on time.

Indeed, the Judgment herein was delivered on 14th June 2013 in the absence of all parties.  The Plaintiff has disclosed that he had travelled and his advocate was taking exams on that day hence his non-attendance in court.  The Plaintiff discloses that he only came to learn about the Judgment on 5th July 2013 by which time the time period within which a Notice of Appeal is required to be filed had lapsed.

I can see that there was no inordinate delay in filing this application.

I am convinced that the reasons given for non-attendance are reasonable.

I therefore allow the application.

SIGNED AND DELIVERED AT NAIROBI

ON THE 2ND   DAY OF  AUGUST  2013.

MARY M. GITUMBI

JUDGE