TERESIA WANGARE KINUTHIA V. PAS COMMUNICATION LIMITED

RULING

By her Notice of Motion dated 4^th June, 2019 brought under Rule 4 of this Court’s Rules, the applicant Teresia Wangare Kinuthia, makes the following prayers;

“1. That notice of appeal dated 14^th January, 2019, and lodged in this Court’s sub-registry at Eldoret and endorsed by the Deputy Registrar of the court on 15^th January, 2019 be ratified and be deemed to be properly filed and served;

2. That the period limited for filing and serving memorandum of appeal and record of appeal be extended;

3. That the cost of this application be borne by the respondent.”

The six grounds on which the application is founded appear on its face thus;

“i. That on the 14^th January, 2019 the applicant filed a notice of appeal; however the same was filled out of time;

ii. That the delay was an oversight and mistake on the previous advocate and not a mistake on the applicant;

iii. That the previous advocate did not file the notice of appeal on time and also did not follow on the proceedings to prepare record …