I have considered the Certificate of Urgency dated 14th January 2025 and the accompanying Notice of Motion of even date. I have also considered the supporting affidavit and the annextures thereto. Having done so, i find that the applicant seeks two prayers namely, leave to file his intended appeal out of time and stay of execution of the impugned judgement delivered on 16th October 2024 in Kandara civil Case No. E211 of 2023.
After considering the depositions in the supporting affidavit , i am satisfied that the reasons advanced for failure to file the intended appeal within the time prescribed by the law are satisfactory. Since the applicant is aggrieved by the lower court's decision, i think that it is fair and just that he be accorded an opportunity to ventilate his grievances on appeal by allowing this application. If the application is allowed, the respondent is not likely to suffer any prejudice that cannot be compensated by way of costs.
In the premises, i exercise my discretion and allow the application on the following terms:
i) The applicant is granted leave to file and serve his intended appeal within the next seven (7) days.
ii) stay of execution of the aforesaid judgement is hereby granted to last for the next seven days.
It is so ordered.
This file is now closed.