RULING
In this application Mr Sungura Mabusi the original defendant in Kakamega Civil Suit No 39 of 1980 is seeking an extension of time to file record of appeal out of time.
The background of this case is that the dispute between the parties was referred by consent, to arbitration chaired by the District Officer, Kimilili Division. The order for reference was made on April 23, 1981. The award was to be filed within 90 days.
The original file was not shown to the court and no reference was made as to the date when the reference was served on the District Officer, or whether the arbitration was to be filed within 90 days from the date of the order. The information could be relevant because the complaint by the applicant before the High Court was that the award was filed out of time without the order of the court extending time. However, it is on record that the dispute was arbitrated on February 10, 1982 and the award filed on March 23, 1982. Could the delay be accounted for!
Judgment in t…