i have carefully considered the applicant's Notice of motion dated 30th October 2024 together with the supporting affidavit of even date and annextures thereto. The Applicant principally seeks this court's leave to be allowed to file his intended appeal out of time against the decision made by Hon. Wambugu, PM in Kandara MCCC No. 279 of 2022. The intended appeal is on both liability and quantum of damages awarded to the respondent.
From the pleadings, the decision sought to be challenged on appeal was passed on 19th September 2024. The applicant contends that his intended appeal is arguable and has high chances of success.
It is trite that the period prescribed by the law for filing of appeals to the High Court from the lower court is 30 days from date the decision sought to be appealed against was made - See Section 79 G of the Civil Procedure Act. That being the case, given today's date, it is clear that the time limited for the applicant to lodge his intended appeal expired on or about 19th October 2024 which means that the period of delay is about one week given that there were two public holidays in the month of October which ought to be excluded in the computation of time.
In my considered view, the application has been filed timeously and allowing it Ex- parte will not cause any prejudice to the respondents. It will instead expedite final resolution of the dispute between the parties.
In the premises, i hereby exercise my discretion and allow the application in terms of prayer 2. The applicant is hereby granted leave to file and serve his intended appeal within the next 14 days in default of which the leave granted will automatically lapse.
I am aware that the applicant had also prayed for orders of stay of execution of the trial court's judgement but since the applicant has not availed any evidence to demonstrate that execution was imminent, i decline to grant the said orders. The prayer can be canvassed in the intended appeal if it is filed.
It is so ordered.