NICHOLAS OMONDI V. A ROCHA LIMITED

RULING

1. By an amended Notice of Motion dated 10^th May 2016, the applicant seeks leave to file and serve Notice of Appeal out of time and or leave to have the Notice of Appeal dated 10^th September 2015 and served on 19^th October 2015 be deemed to have been duly filed and served in respect of an intended appeal against the judgment of the High Court (Mutungi, J.) dated 11^th September 2015.

2. The ground in support of the application as stated on the face thereof is that the High Court judgment was delivered on 10^th September 2015 without notice and or knowledge of the applicant or his then counsel on record; that after the applicant’s then counsel became aware of the judgment he filed a notice of appeal on 12^th October 2015 and duly served the respondent’s counsel on 19^th October 2015; that on 20^th October 2015 the applicant’s counsel wrote a letter to the High Court requesting for typed proceedings of the Judgment and inadvertently omitted to request for certified copies of proceedings…