IN THE COURT OF APPEAL
AT KISUMU
(CORAM: GITHINJI, OKWENGU and J MOHAMMED, JJ.A)
CIVIL APPEAL NO. 86 OF 2015
BETWEEN
GABRIEL OSIMBO........................................APPELLANT
VERSUS
CHRISPINUS MANDARE..........................RESPONDENT
(Appeal from the Judgment and Decree of the High Court of Kenya
at Busia, (Tuiyott, J.) dated 4th March, 2015
in H.C.C.A NO. 3 OF 2011)
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JUDGMENT OF J. MOHAMMED JA
Background
1. This is an appeal against a ruling delivered by the High Court (Tuiyott, J.) dismissing the appellant’s appeal for the reason that it was filed out of time. A brief background of the suit is that the respondent herein, Chrispinus Mandare, initiated the suit against the appellant, Gabriel Osimbo by way of plaint dated 5th February, 2010 claiming rent arrears of Kshs. 77,000/- and interest thereon at court rates as well as costs of the suit. On 21st May, 2010, the court entered judgement in favour of the respondent against the appellant for Kshs. 77,000/- as the appell…