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 appellant had failed to file a memorandum of appearance and defence despite having been duly served.
2. On 26th July, 2010, a consent entered into between the respondent’s advocate and Judith Florence Akinyi (Judith), the surety to the appellant was adopted as an order of the court. The terms of the consent, among others, were that motor vehicle registration number KTK 857 is offered as secu…