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|Case Number:||Environment and Land Case 2B of 2020|
|Parties:||Julia Karwirwa Benson v Consolidated Bank (K) Ltd, Samwel Mwenda Mbogori & Muga Auctioneers & General Merchants|
|Date Delivered:||03 Feb 2021|
|Court:||Employment and Labour Relations Court at Meru|
|Judge(s):||Lucy Ngima Mbugua|
|Citation:||Julia Karwirwa Benson v Consolidated Bank (K) Ltd & 2 others  eKLR|
|Court Division:||Environment and Land|
|Case Outcome:||Application allowed|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE ENVIRONMENT AND LAND COURT AT MERU
ELC MISC. NO. 2B OF 2020
JULIA KARWIRWA BENSON..........................................................APPLICANT
CONSOLIDATED BANK (K) LTD........................................1ST RESPONDENT
SAMWEL MWENDA MBOGORI........................................2ND RESPONDENT
MUGA AUCTIONEERS & GENERAL MERCHANTS.....3RD RESPONDENT
1. Vide an application dated 12.2.2020, the applicant filed this suit seeking extension of time to file an appeal against the ruling of Hon. S. Abuya C.M delivered on 18.12.2019 in Meru CM ELC No. 71 of 2018. He contends that he was only late with one day hence the delay is not inordinate, that he was only supplied with a copy of the ruling on 7.2.2020 and that the delay is excusable and not intentional.
2. On 3.11.2020, the counsel for the respondent addressed the court as follows:
“I can assure you that the replying affidavit will be filed today and we can file submissions”.
3. The court granted the respondents their wish and ordered them to file their response by close of business on 3.11.2020. The said order was not complied with, nor was a request made to extend time to file the replying affidavit. In the circumstances, the replying affidavit filed after 3.11.2020 is hereby disregarded. The application is hence unopposed.
4. I find that the applicant has laid a basis for the issuance of the orders sought in the application, See- Fahim Yasin Twaha vs Timamy Issa Abdalla & 2 others (2015) eKLR. All in all, I find that the application dated 12.2.2020 is merited and I allow the same in the following terms;
(1) The applicant is hereby granted leave to file and serve the memorandum of appeal within 14 days from the date of delivery of this judgment failure to which the orders granted herein shall lapse.
(2) Each party to bear their own costs of this suit.
DATED, SIGNED AND DELIVERED AT MERU THIS 3RD DAY OF FEBRUARY, 2021
HON. LUCY. N. MBUGUA
The date of delivery of this Judgment was given to the advocates for the parties through a virtual session via Microsoft teams on 18.11.2020. In light of the declaration of measures restricting court operations due to the COVID-19 pandemic and following the practice directions issued by his Lordship, the Chief Justice dated 17th March, 2020 and published in the Kenya Gazette of 17th April 2020 as Gazette Notice no.3137, this Judgment has been delivered to the parties by electronic mail. They are deemed to have waived compliance with order 21 rule 1 of the Civil Procedure Rules which requires that all judgments and rulings be pronounced in open court.
HON. LUCY N. MBUGUA