RULING
1. This is an application under Rule 4 of the Court of Appeal Rules for leave to appeal out of time against the judgment of Muchelule, J. delivered on 25th September 2014 on his behalf by Maina, J.
2. It is common ground that after hearing Kisumu HCA No.18 of 2008, Muchelule, J. deferred judgment to be delivered on notice. It is also common ground that the parties were given notice that the judgment would be delivered on 25th September 2014 by Chemitei, J. In his affidavit in support of the application Gerald Omori Kimanga, learned counsel for the applicant, claims that on that day he went to court and Justice Chemitei's Court clerk informed him that the learned Judge was not sitting on that day and that the parties would be given another notice for the delivery of judgment. On that information he went away only to stumble on the judgment in the library on 8th December 2014. He thereafter immediately made this application.
3. While conceding that indeed Justice Chemitei did not s…