Before me is an application brought pursuant to Rule 4 of the Court of Appeal Rules (the Rules) seeking inter alia
Leave to file an intended appeal from the judgment of the High Court dated 21st February, 2014 out of time.
Costs of the application abide the outcome of the intended appeal.
The grounds upon which the applicant relies on in support of his application are that, the judgment was delivered on 21st February, 2014 without notice to his advocates; the delivery of the said judgment had been postponed on several occasions. The applicant’s advocate learnt about the said judgment on 17th March, 2014 when he was in Nyeri law courts attending to other matters. The applicant’s intended appeal is arguable; it is in the interest of justice for the extension sought to be granted.
In opposing the application, the respondent filed a replying affidavit. She deposed that the applicant and his advocate were aware of the judgment date because it was given in court. The applicant had not s…