JUDGMENT OF THE COURT
1. This appeal emanates from the ruling of the High Court (Otieno, J.) dated 19th February, 2016. Pursuant to that ruling the learned Judge extended time within which the respondent could lodge an appeal against a decision of the subordinate court which dismissed the respondent’s application for setting aside a default judgment and also issued stay of execution of the decree therein pending the determination of the appeal. As far as the appellant is concerned, the learned Judge did not exercise his discretion judicially in granting the said orders.
2. By way of background, the brief facts culminating in this appeal are that by a suit filed on 2nd July, 2013 in the surbordinate court being CMCC No. 1222 of 2013, the appellant sued the respondent for recovery of a debt amounting to Kshs. 2,500,000 together with costs and interest thereon. Subsequently, a default judgment was entered against the respondent for non-appearance. As would be expected, the appellant commen…