Skip to content
JudgmentGladys Micere Wamiori VS James Kalungu Mumbo2 min read

Gladys Micere Wamiori VS James Kalungu Mumbo

High Court at Malindi High Court · · M Thande

 

  1. By an Application dated 15.11.24, the Appellant/Applicant seeks the following orders:
    1. THAT this Application be certified urgent and be dispensed with in the first instance.
    2. >>></></><><><>>>></></><><><>></></></></><>><>><>><>><>>> ><>></><><><>></></><><><>></></><><>< id>The decision of the lower court was made on 20.12.23. By dint of Section 79G of the Civil Procedure Act, the appeal ought to have been filed by 20.1.24. The exhibited invoice is dated 19.1.24, a Friday, while the receipt shows payment was made on Saturday 20.1.24. The documents were date stamped 22.1.24, which is when they were presented for filing. There is thus no error on the part of the registry in stamping the memorandum of appeal with 22.1.24 as the date of filing.
    3. The foregoing notwithstanding, the Court has considered the provisions of Order 50 Rule 4 of the Civil Procedure Rules which provides for when time does not run as follows:

    Except where otherwise directed by a judge for reasons to be recorded in writing, the period between the twenty-first day of December in any year and the thirteenth day of January in the year next following, both days included, shall be omitted from any computation of time (whether under these Rules or any order of the court) for the amending, delivering or filing of any pleading or the doing of any other act:

    Provided that this rule shall not apply to any application in respect of a temporary injunction.

    1. As indicated, the decision in question was made on 20.12.23. Pursuant to the above provisions, the period of 24 days from 21.12.23 to 13.1.24 ought to have been omitted in computation of the 30 days within which the appeal ought to have been filed. The period ought to have begun to run on 14.1.24. Accordingly, the appeal which was filed on 22.1.24 was filed within the stipulated period.
    2. The upshot is that for the reason stated, the Application dated 15.11.24 is allowed on the following terms:
    3. The appeal is hereby reinstated for hearing on merit.
    4. The stay of execution granted shall remain in place pending the hearing and determination of the appeal.
    5. The Appellant shall file and serve record of appeal by 18.4.25. In default, the appeal shall stand dismissed.
    6. Mention for compliance on 13.5.25.
    7. The costs of this Application shall abide the outcome of the appeal. 

    DATED, SIGNED and DELIVERED in MALINDI this 4th day of April 2025

     

    Gladys Micere Wamiori VS James Kalungu Mumbo Gladys Micere Wamiori VS James Kalungu Mumbo