RULING
This is an application by way of Notice of Motion brought under rule 4 of the Court of Appeal Rules (the Rules) in which the applicant (Pan African Paper Mills (EA) Limited) is seeking an order that the applicant be granted leave to file and serve a Notice and Record of Appeal out of time.
This application is brought on the following grounds:-
“(a) THAT the appeal filed earlier at Nakuru sub registry on 15th November, 1999 as Pan African Paper Mills (EA) Limited v. Truphena v. Olaka Court herefrom was struck out on 28th September, 2000 for being incompetent.
(b) THAT the applicant is still desirous of pursuing an appeal from the judgment above quoted delivered on 9th October, 1996.
(c) THAT the applicant herein has manifested good faith and has acted diligently on its part in seeking typed copies of the proceedings and urgently applying to this Court to be given leave to start a fresh appeal against the judgment above quoted.
(d) THAT delay in filing the appeal in time was not inten…