Ruling
Before me is a notice of motion dated December 20, 2021 brought under rule 4 and 41 of the Court of Appeal Rules. Substantively, the applicant seeks an order for leave to lodge an appeal out of time against the ruling and order of Hon Mr Justice Mohamed N Kullow of October 27, 2021 in ELC Case No 165 of 2017. The applicant also seeks an order for the notice of appeal filed by the appellant to be deemed as duly filed together with an order that costs of the application do abide in the appeal.
The application is premised on the grounds on its face and as contained in the supporting affidavit sworn by the applicant on even dates. The applicant says that his application dated July 8, 2020 was dismissed vide a ruling dated October 27, 2021 ex parte. He said that he was not aware of the judgment date and only became aware of the fact that the ruling had been delivered when he received a call from the respondent’s advocate. He pointed out that the judgment was to be delivered on notice …