RULING OF THE COURT
By its Notice of Motion dated 8th September 2014 but lodged on 24th September 2014, the applicant, National Cereals and Produce Board, seeks the following prayers;
THAT the applicant be granted leave to file and serve the Record of Appeal in respect of the Judgment and Decree of the Honourable Mr. Justice Byram Ongaya delivered on 12th July, 2013, out of time and/or there be an extension of time for filing and serving the Record of Appeal.
THAT the Record of Appeal filed vide NAK No. 27 of 2014 be deemed to have been filed and served within time.
THAT the costs of this application be provided for.
The application is expressed as brought under the provisions of Sections 3A and 3B of the Appellate Jurisdiction Act, Cap 9 of the Laws of Kenya and Rules 4, 47, 74, 75 and 82 of the Court of Appeal Rules 2010 and “all enabling provisions of the law”, a mere surplusage. The substantive rule is Rule 4 of the Court of Appeal Rules.
On the face of the motion appear the following g…