RULING
Before me is a Notice of Motion dated the 2nd day of July, 2018, and filed on the 3rd day of July 2018. It is premised on Rules 4 and 82 of the Court of Appeal Rules 2010; and Section 3A(1) of the Appellate Jurisdiction Act Cap 9 laws of Kenya. It seeks four (4) reliefs. Prayer one (1) is spent. Prayer 2 was withdrawn by consent of the learned Counsel for the respective parties. Prayer 3 is what remains for determination together with an attendant prayer that costs do abide the outcome of the intended appeal. Prayer 3 reads as follows:
“ 3. That the applicant be granted leave to file an appeal out of time with respect to the Ruling and order issued by the High Court (Justice Olga Sewe) on 19/01/2018 in Milimani Commercial Court, Miscellaneous Civil Application No. 278 of 2017 and that time for filing the appeal be extended”.
The application is based on the grounds on its body and a supporting affidavit. It has been opposed by a replying affidavit of John Ibae, deposed and filed o…