JUDGMENT OF THE COURT
This appeal is from the ruling and order of the superior court (Kihara Kariuki J.) dated 14th July, 2006 whereby the superior court dismissed the appellant’s application dated 23rd January, 2005. By the dismissed application, the appellant sought leave to appeal out of time from the judgment of the subordinate court in Chief Magistrate’s Civil Case No. 721 of 2003.
In the suit in the subordinate court the appellant had claimed that he was unlawfully dismissed by the respondent as a clerical officer and had sought various reliefs including reinstatement to his job. The subordinate court made a finding that the contract of employment was lawfully terminated and dismissed the suit with costs on 16th June, 2005. On 27th January, 2006 the appellant filed a notice of motion in the superior court Miscellaneous Civil Application No. 72 of 2006 under Section 3A and 79G and 95 Civil Procedure Act and Order XLIV Rules 5 and L Rule 1 Civil Procedure Rules for leave to file app…