I have considered the Notice of Motion dated 24th January 2025 together with the supporting affidavit. The application principally seeks two orders, namely, leave to file the applicants intended appeal out of time and stay of execution of the trial courts judgement delivered on 23rd October 2024 pending hearing of the intended appeal.
I have also considered the reasons advanced by the applicant for failure to file his intended appeal within the time prescribed by the law. The applicant contends that the respondent filed an application for review of the judgement which was determined by a ruling dated 18th December 2024 which date fell during the festive period when his advocates had already closed their offices ; that he was still aggrieved by the trial court's judgement and desires to file an appeal on both liability and quantum but the time limited by the law for that purpose has already expired.
In my view, given that there was an application for review filed after the judgement was delivered, i find that the delay in this case is not prolonged and it is in any event explained. In the premises, given that the applicant has a constitutional and statutory right of appeal, i am persuaded to find that in the interest of expeditious disposal of the dispute between the parties, it would be appropriate to determine the application even without hearing the respondent since doing so would not occasion the respondent any prejudice which cannot be compensated by way of costs depending on the outcome of the intended appeal.
Given the foregoing, i allow the prayer seeking leave to file the applicant's intended appeal out of time on terms that the intended appeal shall be filed and served within the next 14 days.
As the applicant has not availed any evidence to prove that the respondent has commenced the execution process, i find no basis to issue orders for stay of execution of the trial court's judgement at this stage. The applicant can seek that relief in the appeal if filed.
It is so ordered. This file is now closed.