R U L I N G
The applicant, Kenya Post Office Saving Bank prays in the Motion on Notice said to be brought under various provisions of law including rule 4 of the rules of this court that I grant leave to the applicant to file and serve a Notice of Appeal out of time against the decision of the Environment and Land Court delivered on 7 th September, 2017.
In grounds in support of the application and in a supporting affidavit of one Peter Kioni who is the Assistant Legal Manager of the applicant, it is stated amongst other things that judgment was delivered as stated, that the applicant was not aware of delivery of judgment as no communication was made to the applicant and that no notice was served on the applicant; that the applicant wrote various letters dated 15th March, 2017, 19th June, 2017, 11th April, 2017, 13th April, 2017 and 19th September, 2017 to the Deputy Registrar of that Court asking to be notified of Judgment date but no response was ever received by the applicant; that t…