RULING
Before me is an application dated 28th August, 2019, lodged by the applicant, Tobias Apollo Awuor, pursuant to Rule 4 of the Court of Appeal Rules. The applicant seeks leave to lodge and serve a notice of appeal and record of appeal out of time in respect of an intended appeal against the judgment of the Employment and Labour Relations Court (Abuodha, J.) dated 24th May, 2019.
The application is supported by the applicant’s affidavit dated 28th August, 2019 where he deponed that Judgment in the superior court was delivered on 24th May, 2019; that his former advocates took time to extract the judgment and notify him of its existence; that when he was eventually informed of the judgment, time was running out to lodge an appeal; that by the time he sought the services of his current advocates on 22nd August, 2019, the statutory time of filing an appeal had lapsed. Lastly, he deponed that the delay in lodging a notice and record of appeal was caused by lack of communication by his fo…