By a notice of motion expressed as brought under section 39(2) of the Arbitration Act, No. 4 of 2015 and Rule 4 of the Court of Appeal Rules, the applicant Savings Tea Brokers Limited prays for this order;
“That the applicant be granted leave to file out of time an application to the Full Court for special leave to appeal to challenge the decision of F. Gikonyo J delivered on 13th day of July, 2015 in High Court Miscellaneous Application No. 129 of 2014 (in the matter of Arbitration Act).”
The application is premised on two grounds appearing on the face of the motion, namely that;
“1. In view of the uncertainty of time factors in matters relating to procedures under the Arbitration Act (No. 4 of 1995), counsel was unable to decide how to proceed to apply for special leave to seek leave of this court of appeal.
2. Counsel was under the impression that 14 days limitation does not apply for application for leave to appeal in civil matters (as opposed to Arbitration matters).”
It is supp…