Case ID:169608

Julia Karwirwa Benson v Consolidated Bank (K) Ltd & 2 others [2021] eKLR

Case Metadata

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

Case Class:

Civil

Court:

Employment and Labour Relations Court at Meru

Case Action:

Judgment

Judge(s):

Lucy Ngima Mbugua

Citation:

Julia Karwirwa Benson v Consolidated Bank (K) Ltd & 2 others [2021] eKLR

Court Division:

Environment and Land

County:

Meru

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

VERSUS

CONSOLIDATED BANK (K) LTD........................................1

ST

RESPONDENT

SAMWEL MWENDA MBOGORI........................................2

ND

RESPONDENT

MUGA AUCTIONEERS & GENERAL MERCHANTS....

.3

RD

RESPONDENT

JUDGMENT

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 toda

y 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 3

RD

DAY OF FEBRUARY, 2021

HON. LUCY. N. MBUGUA

ELC JUDGE

ORDER

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 17

th

March, 2020 and published in the Kenya Gazette of 17

th

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

ELC JUDGE