Ruling
Before me is a notice of motion application dated June 23, 2022 where the substantive relief sought is an order granting the applicant leave to file an appeal out of time. The application is brought under section 3A and 3B of the Appellate Jurisdictions Act and rule 4 of the Court of Appeal Rules, 2010. The application is premised on the grounds contained on the face of it as well as in the affidavit of one Rahim Chatur, a director of the applicant.
The applicant’s case is that the ruling that is the subject of the intended appeal was delivered to the advocates via email on January 31, 2022. However, the appellant was out of the country and was not able to discuss the outcome with their counsel until February 14, 2022 when they met in the advocate’s offices. Subsequently, the advocate on record lodged a similar application at the registry of this Court on March 31, 2022. It is his averment that the email was not acted upon and upon inquiring at the registry, the advocates were in…