JAMES MWASHORI MWAKIO V. HONOURABLE ATTORNEY GENERAL AND TWO OTHERS

RULING OF THE COURT

By a notice of motion dated and lodged in the Court's registry on 8th June, 1998, James Mwashori Mwakio, the applicant to the reference before us, had sought leave to lodge a notice of appeal out of time so as to enable him to prefer an appeal against the judgment and decree of the superior court (Aganyanya J) dated 21st September, 1995. The leave was sought under rule 4 of the Rules of this Court (the Rules). The application, which was opposed by the respondents, eventually came for hearing before, the learned single Judge of this Court (Shah, J.A.) on 28th September, 1998 it was fully argued. In a reserved ruling the learned single Judge declined to grant the application and dismissed it with costs.

The applicant had instituted suit against the respondents contending that he was prematurely retired as a senior servant and claimed, inter alia, loss of salary, pension and damages. In a judgment that at a glance appeared perfectly favourable and acceptable to him, Aga…