Cosy Travel Ltd & another v Mutemio (Civil Miscellaneous Application E620 of 2023) [2024] KEHC 6128 (KLR) (24 May 2024) (Ruling)

Summary at a glance

Facts

Cosy Travel Ltd and Charles Muriuki filed an application seeking an extension of time, invoking various sections of the Civil Procedure Act and the High Court (Practice & Procedure Rule 3 of Part 1), the Inherent Jurisdiction of the Court, and other enabling provisions. The respondent, Dennis Mutemio, opposed the application.

Issues

• whether extension of time is a right of a party
• burden of proof for seeking extension of time
• consideration of discretion to extend time
• prejudice to respondents if extension is granted
• undue delay in filing the application
• public interest in extending time

Reasoning

The court ruled that extension of time is an equitable remedy that requires a showing of deservingness and reasonable cause for delay, and that the court's discretion should be exercised on a case-by-case basis.

Outcome

Leave to appeal out of time granted, stay of execution pending appeal granted

Orders

• leave to appeal out of time granted
• stay of execution pending appeal granted
• deposit of entire decretal sum in court within 45 days
• prosecution of appeal within 90 days

Remedies

• stay of execution pending appeal
• deposit of entire decretal sum in court

Authorities cited