R U L I N G
The applicant herein filed the notice of motion dated 20th September, 2013 under Sections 3A, B of the Appellate Jurisdiction Act and Rules 1(2), 4 of this Court’s rules with the prayer that she be granted leave to file her record of appeal out of time. There were grounds in the body of the application on which the motion was premised, the supporting affidavit, supplementary affidavit and a replying affidavit, all of which Ms. R. Obaga, learned counsel for the applicant referred to in her arguments. M/S E. M. Juma and Company Advocates, for the respondent, were served with the hearing notice herein but did not appear.
Ms Obaga told the Court that G. B. M. Kariuki, J. as he then was, delivered the judgment on 4th December, 2012 in the case brought under the Fatal and Law Reform Acts, claiming damages. The applicant filed the notice of appeal on 14th December, 2012 and on the same date applied for certified copies of the proceedings.
She went on to state that the proceedings fr…