[2025] KEHC 5374 (KLR)
The court found that the application was unopposed, as the respondent did not object to any of the prayers sought by the applicant and expressed willingness to pay the appellant. The applicant's counsel abandoned the prayer for setting aside the lower court judgment, and the remaining prayers were procedural in...
Source-derived case information.
- Citation
- [2025] KEHC 5374 (KLR)
- Parties
- Appellant: World Boots Limited; Respondent: Geoffrey Ngotoku T/A Smartshoe
- Court
- High Court
- Court Station
- High Court at Kiambu
- Jurisdiction
- Kenya
- Case Number
- Civil Appeal E038 of 2025
- Procedural Posture
- Civil Appeal / Ruling on Application for Leave to Appeal Out of Time and Related Directions
- Outcome
- Application allowed as unopposed; leave to appeal out of time granted; directions issued for further conduct of the appeal.
- Judges
- DO Chepkwony
- Legal Topics
- Leave to Appeal Out of Time, Setting Aside Judgment, Enlargement of Time, Unopposed Application
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
World Boots Limited
Appellant
Geoffrey Ngotoku T/A Smartshoe
Respondent
Procedural Posture
Civil Appeal / Ruling on Application for Leave to Appeal Out of Time and Related Directions
Legal Issues
- 1 Whether the applicant should be granted leave to file an appeal out of time against the lower court judgment.
- 2 Whether the draft memorandum of appeal should be deemed as duly filed and served.
- 3 Whether the application, being unopposed, should be allowed as prayed.
Ratio Decidendi
The court found that the application was unopposed, as the respondent did not object to any of the prayers sought by the applicant and expressed willingness to pay the appellant. The applicant's counsel abandoned the prayer for setting aside the lower court judgment, and the remaining prayers were procedural in nature. In the absence of opposition and given the respondent's consent, the court exercised its discretion to grant leave to file the appeal out of time, deemed the draft memorandum of appeal as duly filed and served, and issued directions for the filing and service of the record of appeal. The court also directed the Deputy Registrar to avail the original record of proceedings...
Court Disposition
Application allowed as unopposed; leave to appeal out of time granted; directions issued for further conduct of the appeal.
Orders
- Prayer No.(2) of the application is abandoned and marked as such.
- Time for filing an appeal is enlarged; applicant/appellant granted leave to file appeal out of time.
Full Case Text
Judgment text and source record
21 paragraphs
World Boots Limited v Ngotoku t/a Smartshoe (Civil Appeal E038 of 2025) [2025] KEHC 5374 (KLR) (23 April 2025) (Ruling)
Neutral citation: [2025] KEHC 5374 (KLR)
Republic of Kenya
In the High Court at Kiambu
Civil Appeal E038 of 2025
DO Chepkwony, J
April 23, 2025
Between
World Boots Limited
Appellant
and
Geoffrey Ngotoku T/A Smartshoe
Respondent
(Being an appeal from the Judgment of the Hon. Adjudicator/Resident Magistrate J. K. Tawai (Ms.) in Ruiru SCCCOMM No.E480 of 2024 dated 20th September, 2024 delivered on 3rd October, 2024 via CTS)
Ruling
1. The matter is for mention for parties to confirm compliance of directions issued on 21st March, 2025 in respect of the Notice of Motion application dated 14th March, 2025, wherein the Applicant seeks for orders that:-a.Spent.b.This Honourable Court be pleased to set aside the Lower Court Judgment in Ruiru SCCC. No.E480 of 2024 and enter Judgment against the Respondent in the sum of Kenya Shillings One Hundred and Thirty Five Thousand and Ninety Nine and Ninety Nine Cents (Kshs.135,099. 00).c.This Honourable Court be pleased to enlarge time for filing of the appeal and grant the Applicant leave to file an appeal against the Lower Court Judgment in Ruiru SCCC. No.E480 of 2024. d.The Memorandum of Appeal attached to this application be deemed to be duly filed and the same to be served upon the Respondent.e.The costs of this application be in the cause.
2. The application is premised on the grounds set out on its face and Supporting Affidavit sworn on 14th March, 2025 by C. Wanjiru Kariuki together with the annexures attached thereto.
3. The Respondent has not filed a response to his application but has attended court whereby the purpose of the application has been explained to him.
4. The Appellant’s counsel, M/S Wanjiku Kariuki sought leave to have prayer No.(2) of the application abandoned since it had inadvertently included in the prayers before the court and for directions to file submissions. The Respondent indicated that he had no objection to any of the prayers the Applicant was seeking. He stated that what he wanted was to pay the Appellant their money, which he had no problem with. In view of this, the application is unopposed and therefore the same is allowed in the following terms:-a.The Applicant/Appellant be and is hereby granted leave to abandon prayer No.(2) of the application and the same is hereby marked as abandoned.b.The time within which to file an appeal is hereby enlarged and the Applicant/Appellant is granted leave to file an appeal out of time.c.The Draft Memorandum of Appeal attached to the application be and is hereby deemed as duly filed and served upon the Respondent.d.Subsequently, the Appellant is granted leave to file and serve a Record of Appeal within twenty-one (21) days from the date hereof.e.The Deputy Registrar to call for and avail the original Record of Proceedings in Ruiru SCCC. No.E480 of 2024. World Boots Limited –vs- Geoffrey Ngotoki T/A Smartshoe.f.Mention on 27th May, 2025 for parties to confirm compliance and take directions on hearing of the appeal.
It is so ordered.
RULING DELIVERED VIRTUALLY, DATED AND SIGNED AT KIAMBU THIS 23RD DAY OF APRIL., 2025. D. O. CHEPKWONYJUDGEIn the presence of:M/S Wanjiku Kariuki counsel for Appellant/ApplicantRespondent in person – presentCourt Assistant - Martin