RULING
1. Taj Mall Ltd, the Applicant herein, filed an application by way of a Notice of Motion dated 5th April 2024, in which they seek extension of time to file an appeal out of time against a judgment delivered on 1st March 2024 by the High Court at Nairobi (A. Ongeri J.) in HC Civil Appeal No. 725 of 2019 - Taj Mall Limited vs Cobra Security Limited, in which its appeal was dismissed. Further, that the Notice of Appeal dated 4th April 2024 and lodged by the Applicant on 5th April 2024 at the High Court of Kenya at Nairobi be deemed as properly and duly filed, and that the costs of the application do abide the result of the intended appeal.
2. The application is supported by an affidavit sworn on 5th April 2024 by Juliet Naluzzi, the Applicant’s Legal Officer. The Applicant’s case is that the Notice of Appeal should have been lodged on or before 18th March 2024, Page 2 of 4 Ruling- NAI Civil Application E172 of 2024 and that the delay of fifteen (15) days in lodging of the Notice o…