PAUL NJOROGE KAMAU V. MULTIPLE HAULIERS E.A LIMITED

RULING

This application by motion on notice dated 17th April 2018 is premised on Sections 3A and 3B of the Appellate Jurisdiction Act and Rules 4 and 42 of this Court’s Rules, for an order that the time for filing a notice of appeal against the judgment of the High Court made on 29th June 2017 (Mbaru, J) be extended.

The only explanation proffered for not lodging appeal within the time allowed by the rules is that counsel representing the applicant did not have instructions from the applicant after the latter relocated to the village after his services were terminated by the respondent.

Consequently, by the time instructions were obtained the time for filing the notice of appeal had lapsed; and that it was not until six months later that the applicant visited the advocate’s chambers.

The respondent for its part has insisted that, since extension of time is a discretionary power, it was incumbent on the applicant to satisfy the Court that he was prevented by sufficient reasons from filing …