Equity Bank Limited (Formerly Equity Building Society) v James Muraya Mahugu [2020] KEELC 3330 (KLR)

Facts

In 2013, Hon. R. A. Oganyo S.P.M. entered judgment for the respondent against the appellant. The appellant filed an appeal and an application for stay of execution. The appeal was dismissed for want of prosecution, but the appellant was granted an extension of time to file submissions. The appellant failed to file submissions within the extended time, and the appeal was dismissed. The appellant then sought to set aside the dismissal and extend the time for filing submissions.

Issues

1. Whether the appellant deserves the exercise of the court's discretion to review the dismissal of the appeal and extend the time for filing submissions.
2. Whether the appellant's failure to file submissions within the extended time was inadvertent or due to gross negligence.

Reasoning

The court considers the appellant's application under Order 45 Rule 1, 2, and 3 and Order 50 Rule 6 of the Civil Procedure Rules. The court finds the appellant's failure to file submissions within the extended time was not inadvertent and dismisses the application.

Outcome

Appeal dismissed, but orders reviewed and extended time for filing submissions.