Billey Olouch Okun Orinda v. Ayub Muthee M'igweta, Fredrick Mwiti M'igweta & Japheth Murithi M'igweta

IN THE COURT OF APPEAL

AT NYERI

(CORAM: KOOME, J.A (IN CHAMBERS)

CIVIL APPLICATION NO. NAI. 67 OF 2010 (UR 47/2010)

BETWEEN

BILLEY OLOUCH OKUN ORINDA..................................APPLICANT

AND

AYUB MUTHEE M'IGWETA.................................1^ST RESPONDENT

FREDRICK MWITI M'IGWETA.............................2^ND RESPONDENT

JAPHETH MURITHI M'IGWETA...........................3^RD RESPONDENT

(An application to revive the application dated 26^th March, 2010 seeking leave to file the appeal out of time)

RULING

Before me is an application brought under Rule 4 and 51(4) of the Court of Appeal Rules (the Rules). Billey Olouch Okun Orinda, the applicant, seeks inter alia an order reviving the application dated 26^th March, 2012 which has since abated.

Samson Okun Orinda (deceased), who is the applicant's father, instituted a suit in the High Court seeking specific performance of a sale agreement dated 20^th November, 1990 between himself and the respondents. The trial court vide its judgment dated 30^th …