RULING
The applicant’s motion dated 25th April 2023 seeks leave to appeal from the judgment of Meoli, J. delivered on 16th March 2023 in HCCC No. 583 of 2020. The application also contains a prayer for stay of execution of the said judgment, which cannot be considered by a single judge.
The affidavit in support of the application was sworn by Clive Critchlaw, the applicant’s General Manager- Operations and Customer Relations. He stated that the delay in filing a notice of appeal was the convoluted corporate process of issuing instructions as the applicant company was undergoing ownership changes which slowed down its administrative functions. The applicant had filed a material damage claim of Kshs.10,882,6000 against the respondent, which was dismissed. The applicant was aggrieved by that judgment and wishes to exercise its constitutional right of appeal.
The principles that guide this Court in an application of this nature are well settled. The Court has to consider, inter alia, the …