PAUL MZUNGU SUMBA V. HOUSING FINANCE COMPANY OF KENYA

RULING

I am asked in the notice of motion dated 3rd February, 2017 to grant the applicant Paul Mzungu Sumba leave and enlarge time to file memorandum of appeal out of time and that I be pleased to grant any other orders befitting the circumstances.

In the grounds in support of the motion it is stated that the court has unfettered discretion to grant the orders sought; that the applicant's appeal raises serious fundamental points of law and fact that need to be considered and determined by the court; that extension of time will ensure that the ends of justice are met; that delay in filing appeal has adequately been explained and that the respondent will not suffer prejudice if the application is granted. Those grounds are repeated in an affidavit of the applicant which further states at paragraphs 6 and 9:

“6. THAT it was sometime on or about 9th day of December, 2016 that SAMUEL AKOLO WANYANGA, Advocate who was holding brief for P.C. ONDUSO, Advocate passed by the chambers of the above m…