UMOJA INVESTMENT LIMITED V. AFRICAN PROJECT CO-ORDINATION AGENCY LIMITED

RULING OF THE COURT

1. In a Notice of Motion dated 21st December 2020 the applicant, Umoja Investment Limited has invoked the Court’s jurisdiction under Rule 4 and 5(2)(b) of the Court of Appeal Rules, 2010 seeking extension of time to file a Notice of Appeal, Memorandum of Appeal and Record of Appeal against the ruling and order of the Commercial and Tax Division at Nairobi (Lady Justice Odero) delivered on 21st May, 2020 which dismissed the applicant’s application seeking interalia, to bar two of the respondent’s witnesses from testifying on the basis of the existence of a confidentiality relationship; and to stay the proceedings in the High Court pending the hearing and determination of its intended appeal.

2. The reasons for the delay as stated in the notice of motion and reiterated in the supporting affidavit sworn by the applicant’s director, Josephat Mulwa Mukima is that the impugned ruling was scheduled to be delivered on 27th March 2020, however due to the Covid 19 pandemic the…