JARED MAKHAKHA V. PANAFRICAN PAPER MILLS (E.A.) LTD

RULING OF THE COURT

The applicant, JAFRED MAKHAKHA filed a notice of motion dated 24^th April, 2013 predicated under Rule 30 (2) of the Supreme Court Rules. PAN AFRICAN PAPER MILLS (E.A.) LTD was named as the respondent. In the motion, the applicant sought one substantive prayer:

“THAT the appellant/applicant be and is hereby granted leave to file an appeal out of time to the Supreme Court from the judgment herein dated the 13^th day of April, 2011.”

The motion was supported by the applicant’s affidavit sworn on 25^th April, 2013 in which he deponed that he was dissatisfied with this Court’s decision of 13^th April, 2011 but that he could not

“....immediately appeal because the rules of the Supreme Court had not been put in place;” that his “...intended appeal raised issues of law of general public importance and constitutional issues touching on fundamental rights and freedoms guaranteed by the very Constitution.”

During the pendency of the motion, M/S Nyairo and Company Advocates, acting on…