GLORIA PAOLO V. PIETRO SCAVO

RULING

The applicant, Gloria Paolo filed a Notice of Motion application dated 15^th October, 2018 and sought inter alia, an order for leave to extend time for filing a Notice of Appeal dated 13^th July, 2015 in respect of a ruling delivered by Angote, J on 26^th June, 2015. The basis upon which the application is grounded is that the applicant’s former lawyers, namely, Kilonzo Aziz Advocates failed the applicant. Pietro Scavo was named as the respondent.

On 28^th May, 2019, the Motion came before me for hearing. Mr. Gikandi Ngibuini, learned counsel for the applicant relied on the supporting affidavit of Ali Shariff Maulana sworn on 15^th October, 2018, the applicant’s written submissions and list of authorities.

In the submissions, the applicant contended that the Notice of Appeal which was filed on 13^th July, 2015 in respect of the ruling delivered on 26^th June, 2015, hence three (3 days) out of time was not inordinate; that a mistake is a mistake as humans are prone to mistakes; that a mis…