R U L I N G
The applicant New Magumoni Farmers Co-operative Society Limited by a Notice of Motion brought under Rule 4 and other rules of this Court and provisions of the Constitution of Kenya, 2010 prays in the main that I grant it leave to file and serve Notice and Record of Appeal out of time.
The respondent in the motion is Justus Mutua Musyoka. In grounds set out in support of the motion and in an affidavit of Anderson Murithi who is the Chief Executive Officer of the applicant it is stated amongst other things that the applicant was not informed by previous advocates that judgment had been delivered by the High Court on 19th December, 2017; that the applicant came to know of delivery of that judgment on 1st August, 2018 when time for filing and serving Notice and Record of Appeal had lapsed; that their then lawyer had since ceased practicing and had joined the County Assembly of Tharaka Nithi; that an application for leave to file an appeal out of time filed at the High Court had …