PETER MAINA WARUTERE VS JOHN MWANGI NDUNGU

I have considered the Notice of Motion dated 8th April 2024 filed under a certificate of urgency of even date together with the supporting affidavit and annextures thereto.
The  applicant seeks this court’s leave to file his intended appeal out of time and stay of execution of the judgement sought to be challenged on appeal. I have noted that the trial courts judgement was delivered on 6th March 2024 and therefore, the period of delay is only about four days given  that the time statutorily limited for lodging of appeals to the High Court  is 30 days from the date of the trial court’s  judgement. The delay in my view is short and excusable. In any event, it is satisfactorily explained. 
In the premises and considering that the execution process has apparently not started,  I find that allowing the application even Exparte is not likely to occasion the respondent  any prejudice that cannot be ameliorated by an award of costs in the event that the appeal is filed and it is not successful.
In view of the foregoing,  I am inclined to exercise my discretion and to allow the prayer for extension of time  within which the applicant can file his desired appeal.   The prayer is allowed on condition that the intended appeal shall be filed and served within the next 7 days in default of which the leave granted shall automatically lapse.
As there is no evidence to show that the execution process has commenced, I see no reason or need to grant the orders of stay of execution  as sought . The same is dismissed.
It is so ordered.