GETRIO INSURANCE BROKERS LTD
V.
MWALIMU NATIONAL CO-OPERATIVE SACCO LTD & ANOTHER

RULING

The applicant, Getrio Insurance Brokers filed a Notice of Motion application dated 16^th July, 2019 and sought in the main, that it be granted leave to file, out of time its Notice of Appeal against the judgment of Kasango, J rendered on 15^th May, 2019 in Nairobi HCCCD No. 38 of 2012 wherein the applicant was the plaintiff and Mwalimu National Cooperative Sacco Ltd and CIC Insurance Group Limited, the 1^st and 2^nd respondents herein were the 1^st and 2^nd defendants respectively.

The motion is supported by the affidavit of Charles Kimenyi, the appellant’s Managing Director sworn on 16^th July, 2019. He deponed that on the date judgment was delivered, (15^th May, 2019), the appellant was absent; that initially, the judgment was to be delivered on 4^th April, 2019. However, on that date, the judge was indisposed and the judgment was to be delivered on notice; that no notice was received by their advocate informing them of the new judgment date, and that later, upon inquiry, its counsel go…