The Appellant’s application dated 10.02.2023 seeks extension of time to file and serve the Record of Appeal. It is opposed. I am satisfied that the reasons for the delay are reasonable and delay is not inordinate. Since the Record has been filed and indeed served, I do not find any prejudice that cannot be assuaged by an order for costs.
The application is allowed on terms that the Record of Appeal is deemed as duly filed and served. The Appellant shall pay costs of Kshs. 20,000.00 to the Respondent within 7 days from today.
The matter shall be mentioned on 03.04.2023 for directions and further orders.
DATED and DELIVERED at NAIROBI this 9th day of MARCH 2023
D. S. MAJANJA
JUDGE