SHEIKH T/A HASA HAULIERS V. HIGHWAY CARRIERS LTD

JUDGMENT

March 10, 1988, Gachuhi JA delivered the following Judgment.

In this appeal the applicant has appealed to this court against the ruling delivered by the High Court in exercise of the judge’s discretion in which he dismissed the appellant’s application for extension of time to file defence out of time. The learned judge also refused the application for leave to appeal. The grounds of appeal are:

1. The learned judge erred in considering extraneous matters which had no relevance to matters in issue before him.

2. The learned judge erred in allowing himself to be carried away by his great hatred of the appellant’s lawyers to the prejudice of the appellant.

3. The learned judge was mistaken in his finding that a delay of 7 days in filing the defence was excessive delay and further erred in ignoring the explanation offered by the appellant.

The facts of this suit are that the respondent filed suit against the appellant on 19th February, 1983 claiming the sum of shs 171,602/80 for servic…