JUDGMENT OF THE COURT
1. Daniel Nganga Wanyoike (the appellant) filed Civil Case No. 34 of 2008 before the Resident Magistrate’s Court at Nyahururu seeking several reliefs against Invesco Assurance Co. Ltd (the respondent). The suit was dismissed vide a judgment delivered on 9th February, 2011 prompting the appellant to appeal to the High Court sitting at Nakuru in Civil Appeal No. 30 of 2011.
2. In the course of the hearing before the High Court, learned counsel for the respondent raised the issue that the appeal had been filed out of time without leave of the court, hence there was no competent appeal before the court. Counsel contended that the appeal was filed more than one year after delivery of the Ruling.
3. The appellant however, maintained that the appeal was competent as it had been filed ten days after the decision was rendered. In determining the said issue, the learned Judge (Omondi, J) found that the Ruling appealed from was delivered on 9th February, 2011 and the appeal wa…