RULING OF THE COURT
[1] On 7th February, 2014, Rika, J., in Industrial Court Cause No. 299 of 2012, awarded James Omwoyo Nyang’au, (the applicant), Kshs. 700,000/- as general damages for breach of contract of employment against the Heritage Insurance Company Limited, (the respondent). The applicant had claimed Kshs. 27,607,000/= among other reliefs. The applicant was aggrieved with that award and he timeously lodged a notice of appeal on 20th February, 2014, through his advocates, Nyagito and Company. He lodged Civil Appeal No. 132 of 2014, on 20th June, 2014 through the same advocates. The appeal was lodged two months outside the time stipulated in Rule 82 (1) of this Court’s Rules.
[2] On 24th June, 2014, the applicant through the same advocates, then lodged an application under rule 4 of this Court’s Rules seeking that the record of appeal lodged on 20th June, 2014 be deemed to have been lodged and served within the stipulated time. That application was dismissed by Githinji, J.A., p…