ROBERT CIAVOLELLA & MARIANGELA BELTRAMI V. GIULO D'ERME

RULING

In a ruling rendered on the 25^th day of October, 2018 the High Court (Ngetich, J), found merit in the respondent’s application for entry of summary judgment against the applicants in the sum of €35,000 upon being satisfied that the defence filed by the latter was an “afterthought aimed at delaying payment of the debt”.

The applicants intend to challenge the ruling but have not done so because time within which they ought to have filed the appeal has elapsed. It is their explanation that after the entry of summary judgment their erstwhile advocate failed to communicate this fact to them; that upon learning of it, they timeously filed this application to have the time for filing the appeal enlarged; that the intended appeal is arguable; that the court below ought to have excused the error of their advocate who had failed to file their defence even after the court below had extended time for him to do so.

In reply, the respondent opposed the application contending that the intended a…