Robert Ngei Mwongeli v Kateve Kiilu Mbuvi & another [2020] KEELC 2833 (KLR)

Facts

The Plaintiff/Applicant filed an application for leave to file a Notice of Appeal out of time, citing reasons of delay in obtaining the judgment and proceedings. The 2nd Defendant/Respondent opposed the application, arguing that the Plaintiff/Applicant's advocate was not properly on record and that the grounds for the appeal were insufficient.

Issues

1. Whether the firm of Ojienda & Co. Advocates is properly on record.
2. Whether the Plaintiff/Applicant has sufficiently satisfied the court with plausible grounds to warrant leave to file the Notice of Appeal out of time.

Reasoning

The court found that the Plaintiff/Applicant did not comply with the provisions of Order 9 Rule 9 of the Civil Procedure Rules by not filing a notice of change of advocate. The court also held that the delay in filing the appeal was not justified and that the Plaintiff/Applicant did not attach any letter to show he had sought for the judgment and proceedings.

Outcome

Dismissed with costs

Authorities cited