R U L I N G
This is the third time the applicant is making an application for leave to file the appeal out of time before this Court. The first time such an application was made, was vide Civil Application no. 139 of 2008 upon which he was granted leave by Hon. Justice Githinji, J.A by a ruling dated 5th December, 2008. The leave that was granted was conditional, in that the applicant had 14 days from the date of the ruling to file and serve the Notice of Appeal; leave was also granted to lodge and serve the Record of Appeal within 30 days from the date of service of the Notice of Appeal. The record shows that the applicant did indeed file the Notice of Appeal. However, the Notice of Appeal that was filed was defective and bad in law.
By a Notice of Motion lodged under Rule 80 of Court of Appeal Rules (the Rules), the respondent made an application seeking orders to strike out the applicant’s Notice of Appeal that had been filed pursuant to the leave granted by Githinji, J.A. The applic…