NGOSO GENERAL CONTRACTORS LTD V. JACOB GICHUNGE

JUDGMENT OF THE COURT

Order 20 r 1, Civil Procedure Rules as amended by Legal Notice No. 36/00 provides as follows: -

“In suits where a hearing is necessary, the court, after the case has been heard, shall pronounce judgment in open court, either at once or within 42 days from the conclusion of the trial of which due notice shall be given to the parties or their advocates”.

And Order 20 r 3(1) provides: -

“A judgment pronounced by the Judge who wrote it shall be dated and signed by him in open court at the time of pronouncing it”.

“Judge” under the Act, means the presiding officer of a court. The primacy and import of those provisions shall become apparent shortly. First the appeal before us and the background to it.

It is an appeal which arises from the ruling of the superior court (the late Tuiyot J.) who rejected an application made by the appellant herein for extension of time to file an appeal. The intended appeal was from the judgment of Meru Chief Magistrate’s Court (Mutitu C.M; as h…