IKUMBI ESTATE INVESTMENT LIMITED V. JOHN MBOGO NYAMBURA

RULING

Before me is a Notice of Motion dated 12^th September, 2019, and filed on the 13^th September, 2019, substantively seeking an order of Court granting leave to the applicant to file and serve a record of appeal out of time. The application is premised on Rules 4,42 and 43 of the Court of Appeal Rules (CAR) and Article 159 of the Kenya Constitution 2010, and all other enabling provisions of the law. It is supported by grounds in its body and a supporting affidavit deposed by Lincoln Mbogo Babu describing himself as a director of the applicant with no mention that he had authority of the applicant both to depose the supporting affidavit and initiate the intended appellate process. It has been opposed by a replying affidavit deposed by the respondent John Mbogo Nyambura on the 22^nd October, 2019 and filed on the same date.

The application was canvassed by way of oral submissions. Learned counsel Miss Gitau holding brief for Rigaga appeared for the applicant, while Mr. John Mbogo Nyambu…