R U L I N G
The notice of motion dated 14.04.05 seeks an order under Rule 4 of this Court’s rules for extension of time “to serve a notice of appeal out of time in terms of the draft annexed to the application.” The applicant filed it in person and appeared before me to argue the application.
The intended appeal is against a judgment of the superior court (Khamoni, J.), delivered in its appellate jurisdiction on 10.02.98, allowing an appeal from a decision of the Senior Resident Magistrate, Kiambu who had allowed a review of an earlier dismissal of the applicant’s suit. The applicant, who was the plaintiff in that court, had pleaded in a plaint dated 02.03.94 in RMCCC No. 921/94 that the respondent here, who had employed him as a storekeeper Grade II, had unlawfully terminated his services on 13th January, 1988. he wanted to be paid for loss of earnings for a period of 6 years and to be reinstated in his employment. That suit was struck out with costs after objection was taken that it w…