LEOPARD ROCK MICO LIMITED V. ELECTRICAL SERVICES LIMITED

JUDGMENT OF THE COURT

By a Notice of Motion dated 21^st October, 2008, the appellant filed an application before the High Court seeking extension of time within which to file an appeal against the decision of the Chief Magistrates’ Court delivered at Nyeri on 27^th June, 2007. The application was heard by the Makhandia J. (as he then was). In the application, the appellant averred that it could not file its appeal timeously because on the date when the judgment of the subordinate court was delivered, its counsel was not in court. The honourable Judge by a Ruling dated 9^th October, 2008, dismissed the application holding that the appellant had been lax and had not shown any enthusiasm to pursue its case in the lower court.

Aggrieved by the ruling, the appellant has lodged this appeal citing six grounds to wit:

That the learned Judge erred in law having noted and it being conceded by the respondent that the appellant did not have notice of the judgment.

That the learned Judge erred in law and…