EXPRESS LTD. V. MANJU PATEL

RULING OF THE COURT

The reference to this Court is in respect of the Ruling of the learned single Judge of this Court (Gicheru JA), in which he refused to extend time for the lodging of a fresh Notice of Appeal and record of appeal by the Applicant. The Applicant's original appeal had been struck out on the ground that it had been lodged out of time. Indeed, it had been lodged 18 months out of time.

When the application for extension of time for the lodging of a fresh Notice of Appeal and record of appeal came before the learned single Judge, one of the explanations given for the delay and upon which the learned single Judge based his decision, was that counsel for the applicant had misapprehended Rule 81 of our Rules and had thought that the 60 days allowed for the lodging of the appeal began to run from the date of the certificate of delay.

The learned single Judge having considered this reason for the delay then conclusively held as follows:

"Although the present application was made w…