RULING
The application that this the subject of this ruling is a Notice of Motion dated 24th March 2021 brought by Tasmac Limited, seeking leave to file a Notice of Appeal out of time against the ruling delivered by the trial Court on 26th February 2021 in Malindi Civil Suit No. 17 of 2019 (O.S.) - Tasmac Limited vs Nassau Limited and 4 others, and that the Draft Memorandum of Appeal and Notice of Appeal annexed be deemed as duly filed and served. Further, that the costs of the application be provided for.
The application is erroneously brought pursuant to Rule (2)(B) of the Court of Appeal Rules, and is supported by an affidavit sworn on 24th March 2021 by Vincent Mogaka Nyaboga, an advocate of the High Court of Kenya, who is seized of this matter. The said advocate deponed that a ruling on a preliminary objection by the 1st, 3rd and 4th Respondents in Malindi Civil Suit no. 17 of 2019 (O.S.) - Tasmac Limited vs Nassau Limited and 4 others was scheduled to be delivered on 12th February…