REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA AT ELDORET Civil Application 247 of 2008
BOOKER ONYANGO
MESHACK OMONDI AGENG’O
JOHN KWAMBAI ROTICH...................................................APPLICANTS
AND
ELDORET WATER SANITATION CO. LTD...........................RESPONDENT
(Application for the extension of time within which to appeal out of time in an intended appeal from the order made by the High Court of Kenya at Eldoret (Mohamed Ibrahim, J) dated 17th April, 2008
in
H.C. Misc. C. APPL. NO. 97 OF 2003)
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R U L I N G
By a Notice of Motion application brought under rules 4, 76 and 81 of the Court of Appeal Rules seeking extension of time within which to file a Notice of Appeal against the ruling of the superior court (Mohammed Ibrahim, J) dated 17th April, 2008.
Before the Court can exercise its unfettered discretion in favour of the applicants herein, the applicants must show, as was held in WASIKE v. SWALA (1984) KLR 591, that:
a.) There is merit in the intended appeal.…