R U L I N G
The notice of motion dated 15th April 2009 and filed on 22nd April, 2009, seeks three orders, which are:-
“1. That the applicant herein be granted leave to file the notice of appeal and record of appeal out of time.
2. That costs of this application be provided for.
3. That such other and/or further relief be granted as this Honourable Court might deem necessary in the unique circumstances of this matter.”
The grounds upon which the applicant Dickson Ndegwa Mbugua, seeks the same orders are that the judgment he seeks to appeal from was delivered on 21st July, 2008 in his and his advocate’s absence as they were not aware that the judgment would be delivered on that date because the learned Judge of the superior court, had, after hearing the suit, fixed the judgment to be delivered on 18th July 2010 but on 18th July 2008, the learned Judge was not on duty and a Court Clerk informed the applicant’s advocates that the judgment would be delivered on notice. It was on 20th March, 200…