RULING
Before me is a Notice of Motion dated 26th February 2020, and filed on 27th February 2020, brought under Rule 4 of the Court of Appeal Rules, substantively seeking an order granting leave to the Applicant to file an appeal against the ruling and order of Hon. Mr. Justice Makau of 20th December 2018, in HCCC No. 388 of 2007, out of time, together with an attendant order that costs of the application do abide in the appeal.
It has been supported by grounds on its body and a supporting affidavit of Richard M. Mutiso. It has been opposed by a replying affidavit of Samji Hirji Rajani, deposed on 25th June 2020. It was canvassed by written submissions without oral highlighting. Submissions and authorities for the applicant are both undated, while those of the respondent, together with a digest of authorities are both dated 27th June 2020 respectively.
In summary the applicant’s averments and submissions are inter alia that the applicant was aggrieved with the judgment of the trial Court…