RULING OF THE COURT
1. UPON perusing the Notice of Motion dated 13th March 2018 brought under Rule 4, 42(1), 43(1), 4 of the Court of Appeal Rules 2010, substantively seeking an order that leave be granted to the applicant to appeal out of time against the ruling delivered by Hon. Justice B. N. Olao dated 29th September 2017 in ELC Appeal No. 2 of 2015; and an order that costs of this application be provided for; and
2. UPON reading the grounds in the body of the application and the supporting affidavit of Peter Omoke Omonyi sworn on 13th March 2018; and
3. UPON noting that the application has not been opposed by any replying affidavit from the respondent who was represented when the application came up for the first hearing on 23rd April, 2019 when counsel appearing for the respondents intimated to the Court that they had been invited to appear for the hearing of the application on that date through phone and that although they had not been served with the application, they desired to f…