BERNARD NJERU KINYUA V. KENYA TEA DEVELOPMENT AGENCY

RULING

This application made under rules 4, 74(1) and (2) and 76(1) of the Court of Appeal Rules is by Notice of Motion dated 29^th July, 2009 and filed in this Court on 3^rd August, 2009. It seeks the leave of this Court for the applicant to file and serve his Notice of intended appeal out of time with no order for costs. It is based on the grounds set out thereon, namely that:-

“(a) The delay in filing and serving the Notice of Appeal was unintentional and inadvertent and due to inexperience and oversight on the part of the appellant who was acting in person.

(b) The delay in filing and serving the Notice of appeal will not prejudice the intended Respondent.

(c) The applicant has a good appeal with overwhelming chances of success and he stands to suffer irreparable loss and damage if this application is not allowed.

In the supporting affidavit sworn by the applicant he deponed that the judgment was delivered on 28^th October, 2008 and annexed a copy of such judgment to the applicatio…