TOM MSHINDI & STANDARD GROUP LIMITED V. GRACE WANGUI NGENYE

RULING OF THE COURT

The applicants, Tom Mshindi (the 1^st applicant and the Standard Group Limited (the 2^nd applicant) filed a motion dated 30^th July, 2018 and sought two main orders:

“1. .... Spent

2. That this Honourable Court be pleased to extend time for the applicants to lodge the Notice of appeal and record of appeal.

3. That this Honourable Court be pleased to deem the Notice Appeal filed on 10^th March, 2016 as having been filed within time.

4. ........”

In the motion, Grace Wangui Ngenye was named as the respondent. The applicant’s motion was supported by an affidavit of Millicent Ngetich, the 2^nd applicant’s Company Secretary sworn on 30^th July, 2018 in which she deponed that the applicants were aggrieved by the judgment of Mabeya, J delivered on 24^th February, 2016; that on 10^th March, 2016, their then counsel, Makhecha and Gitonga filed a Notice of Appeal dated 9^th March, 2019; that the Notice of Appeal was filed one (1) day late on account of inadvertence.

The motion was opposed b…