DAMARIS NJERI MWANGI, VICTORIA NYAMBURA MWANGI & JEAN NYAMBURA MWANGI (AS THE ADMINISTRATORS OF THE ESTATE OF KENNETH K MWANGI (DECEASED)) V. CITY COUNTY OF NAIROBI & NANAK HOSPITAL MANAGEMENT SERVICES LIMITED; FIDELITY COMMERCIAL BANK(INTERESTED PARTY)

RULING OF THE COURT

[1] UPON perusing the Notice of Motion application by the Applicants dated 29^th June, 2018 and filed under Certificate of Urgency by the Applicants on 3^rd July, 2018 brought under Sections 1A, 1B and 3A of the Civil Procedure Act, Rules 33 and 53 of the Supreme Court Rules, Order 50 Rule 6 and Order 51 of the Civil Procedure Rules and all enabling provisions of the Law, seeking for extension of time to file an appeal out of time against the Judgment and Orders of the Court of Appeal in Civil Appeal No. 228 of 2008; and

[2] UPON reading the Applicants’ grounds in support of the Application, the Supporting Affidavit sworn on 29^th June, 2018; and

[3] UPON considering the Applicant’s written submissions dated 3^rd September, 2018 and filed on 5^th September, 2018 wherein the Applicants submit that the delay in filing the appeal was occasioned by the delay in receiving the typed and certified copy of the proceedings in the Court of Appeal, having only received the certified …