RULING
1. Before me is a motion dated 16 February 2024. The applicant seeks an order of enlargement of time so that his appeal is admitted out of time. From the grounds in support of the application, the supporting affidavit, and the record, I can discern that the applicant was plaintiff in the case Rongo PMCC(ELC) No. E003 of 2022. The case was fixed for hearing on 21 July 2022 but it was dismissed for non-attendance (though it was recorded ‘dismissed for want of prosecution’). The applicant then filed an application dated 13 July 2023 for reinstatement of suit his reason being the case remained unprosecuted because his then advocate on record had not taken out a practicing certificate. This application was dismissed in a ruling delivered on 13 November 2023. It is this ruling that the applicant intends to appeal against. He did not file his appeal within time hence this application to extend time.
2. I have not seen any reply to the application despite it being served.3. I have given it due consideration.
4. Section 79G of the Civil Procedure Act, Cap 21, provides that appeals from Magistrates’ Courts to this court need to be filed within 30 days of the order appealed against. The law nevertheless gives the court discretion to admit an appeal out of time if the applicant satisfies the court that he had ‘good and sufficient cause’ for not filing the appeal in time.
5. I would not wish to shut out the applicant from the seat of justice given that what is in dispute is a land matter and as I have said the application is unopposed.
6. I therefore allow it. I extend time for filing the intended appeal by a further 14 days from today. I make no orders as to costs.
7. Orders accordingly.
DATED AND DELIVERED THIS 24 DAY OF JUNE 2024
JUSTICE MUNYAO SILA
JUDGE, ENVIRONMENT AND LAND COURT
AT MIGORI