RULING OF THE COURT
On 7th June 2013 the applicant, a former employee of the Judiciary filed the notice of motion under Rule 4 of the Court of Appeal Rules praying in the main:
to be granted leave to file and serve notice of appeal and the record of appeal against the judgment of the High Court (Hayanga, J) delivered on 25th February 1998.
It was stated in the grounds in the body of the motion that after the applicant learnt of the delivery of the judgment in issue, he went to the offices of his lawyers, M/S Z. N. Gathaara and Co. Advocates to retrieve his file but it could not be traced. That he had instructed that firm to file an appeal which it did not do. The applicant then appeared to state in the grounds, what would otherwise constitute grounds of appeal, that the trial judge erred by finding that the applicant deserted duty; he also erred when he dismissed the suit and condemned him to pay costs, without stating what misconduct led to the alleged desertion of duty by the applican…