[2023] KEHC 23337 (KLR)
The court found that the application for extension of time to furnish a bank guarantee was overtaken by events, as the two-month period sought had already lapsed by the time the application was heard. Nevertheless, in the unique circumstances of the case, the court exercised its discretion to grant a final extension...
Source-derived case information.
- Citation
- [2023] KEHC 23337 (KLR)
- Parties
- Applicant: Ronald Sawenja Walubengo; Respondent: Christine Chiboli
- Court
- High Court
- Court Station
- High Court at Kitale
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal 53 of 2021
- Procedural Posture
- Civil Appeal / Ruling on Application for Extension of Time to Furnish Bank Guarantee
- Outcome
- Application for extension of time partially allowed; final extension granted with conditions.
- Judges
- AC Mrima
- Legal Topics
- Extension of Time, Security for Decree, Bank Guarantee, Compliance With Court Orders
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Ronald Sawenja Walubengo
Applicant
Christine Chiboli
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Extension of Time to Furnish Bank Guarantee
Legal Issues
- 1 Whether the applicant should be granted an extension of time to furnish a bank guarantee as previously ordered by the court.
- 2 Whether the application for extension of time has been overtaken by events due to lapse of the period sought.
Ratio Decidendi
The court found that the application for extension of time to furnish a bank guarantee was overtaken by events, as the two-month period sought had already lapsed by the time the application was heard. Nevertheless, in the unique circumstances of the case, the court exercised its discretion to grant a final extension for compliance until October 19, 2023. The court further ordered that failure to comply would result in execution of the decree. The decision underscores the importance of timely compliance with court orders and the limited scope for judicial indulgence where applications are rendered moot by the passage of time.
Court Disposition
Application for extension of time partially allowed; final extension granted with conditions.
Orders
- Leave to furnish the court with a Bank Guarantee as ordered on November 24, 2022 is hereby extended to October 19, 2023.
- In the event of non-compliance with the above order, execution of the decree to issue.
Full Case Text
Judgment text and source record
22 paragraphs
Walubengo v Chiboli (Civil Appeal 53 of 2021) [2023] KEHC 23337 (KLR) (12 October 2023) (Ruling)
Neutral citation: [2023] KEHC 23337 (KLR)
Republic of Kenya
In the High Court at Kitale
Civil Appeal 53 of 2021
AC Mrima, J
October 12, 2023
Between
Ronald Sawenja Walubengo
Applicant
and
Christine Chiboli
Respondent
Ruling
1. Before court for consideration is the applicant’s application by way of Notice of Motion dated January 16, 2023.
2. The application sought for an extension of time within which to comply with an Order of this court requiring the applicant to obtain and furnish the Court with a Bank Guarantee for Kshs. 2,000,000/= (Read: Kenya Shillings Two Million Only).
3. According to the affidavit is support of the application, the applicant sought for at most 2 months’ extension of time.
4. The application was opposed by the respondent. She filed Grounds of Opposition.
5. Parties filed respective submissions on the application. They referred to several decisions thereto.
6. Having considered the application, the submissions and the decisions, this court finds that the application is by now utterly overtaken by events. That is so because the extension of time of 2 months sought in January 2023 lapsed sometimes in March, 2023. In fact, by the time this court issued directions on the hearing of the application on April 18, 2023, the application was already overtaken by events.
7. On the basis of the foregoing and in the unique circumstances of this matter, the following final orders do hereby issue: -a.Leave to furnish the court with a Bank Guarantee as ordered on November 24, 2022 is hereby extended to the October 19, 2023. b.In the event of non-compliance with order (a) above, execution of the decree to issue.c.The proceedings in the lower court case be typed and certified.d.Further directions on the appeal on appeal on a date to issue.It is so ordered.
DELIVERED, DATED AND SIGNED AT KITALE THIS 12TH DAY OF OCTOBER, 2023. A. C. MRIMAJUDGERuling No. 1 delivered virtually in the presence of:Miss Nafula for Mr. Kraido, Learned Counsel for the Applicant.Mr. Nyamu, Learned Counsel for the Respondent.Regina/Chemutai – Court Assistants.