THE JILAG LIMITED V. KAGWIRIA ESTHER MBUI & ROSELYN NDAVU

R U L I N G

1. By its application dated 31st January 2024, the applicant, The Jilag Limited, seeks leave to file its appeal out of time against the judgment of the ELRC (Abuodha J.) dated 22nd September, 2023 in Nairobi ELRC 122 of 2019; It further seeks an order that upon granting of the said leave, its Notice of Appeal dated 30th January, 2024 and filed on the same date be deemed to be duly filed and served on time; that the Court be pleased to issue timelines on filing and serving of the intended appeal; and that the Court do grant any other orders that it might deem fit. The application is expressed to be brought under Article 50(1) of the Constitution of Kenya, 2010, sections 3, 3A and 3B of the Appellate Jurisdiction Act and rules 4, 41, 42 and 43(1) and (3) of the Court of Appeal Rules, 2010.

2. The application is based on the grounds set out on its face and on an affidavit sworn by Lorna Nandi, the Managing Director of the applicant. The applicant avers that the impugned judgmen…