SAJ CERAMICS LIMITED V. JOEL MAITHYA

RULING

The applicant, SAJ CERAMIS LIMITED filed a Notice of Motion application under Section 7 of the Appellate Jurisdiction Act and Rule 4 of this Court’s Rules. JOEL MAITHYA, was named as the respondent. The applicant sought the following orders:

“1. That the applicant be granted leave to file and serve Notice of Appeal out of time and/or that time for filing and serving Notice of Appeal be extended.

2. That the cost of this application be provided for.”

The motion was supported by the affidavit of JOSEPH NJOROGE MBUGUA, the then and now counsel for the applicant who deponed that the applicant was a respondent in Nairobi Industrial Case No. 683 of 2012 which came up for hearing on various dates and judgment was consequently set for delivery on 29^th June, 2016; that the judgment was however not delivered on 29^th June, 2016 but was delivered on 30^th June, 2016 without notice to the applicant; that he got to know of the judgment on 13^th July, 2016 when he traced the file in the court regis…