Kiptarus v Lowland Service Organization (Civil Application 16 of 2021) [2022] KECA 132 (KLR) (18 February 2022) (Ruling)

Facts

The applicant, Kiptarus, sought to file an appeal against the judgment of the High Court of Kenya at Eldoret delivered on 5th February 2020 in Civil Appeal No. 6 of 2018. The applicant's advocate requested certified copies of the proceedings and judgment from the Deputy Registrar of the trial court but never received them.

Issues

1. Whether the applicant has a meritorious appeal
2. Whether the applicant should be granted an extension of time to file the appeal

Reasoning

The applicant's advocate never received certified copies of the proceedings and judgment from the trial court, which led to the delay in filing the appeal. The court granted the withdrawal of the application due to the absence of opposition and the withdrawal of the notice of motion by the applicant.

Outcome

The application for extension of time to file the appeal is granted.