DANCUN WARUINGE KAGIRI,MAINA KAGIRI & JOHN MWANGI KAGIRI V. GEORGE MWANGI KAGIRI

RULING OF NAMBUYE, JA

Before me is a Notice of Motion dated the 17^th day of December, 2014 and lodged in this Court’s Sub-Registry at Nakuru on the 13^th day of January, 2015. It is brought under Rules 42 and 43 of the Rules of the Court and section 3A of the Civil Procedure Act. It substantively seeks leave of court to file an appeal out of time. Alternatively the applicants’ Notice of Appeal dated the 14^th October, 2014 and lodged in this Court’s sub-Registry at Nakuru on the 17^th day of October, 2014 and endorsed by the Deputy Registrar of the Court on the 23^rd October, 2014 be deemed to be properly filed and served.

The application is grounded on the grounds on its body and the content of the supporting affidavit. It has been opposed by a replying Affidavit deposed by George Mwangi Kagiri on the 16^th day of February, 2016 and lodged in the sub-Registry on the 17^th day of February, 2016.

Learned counsel Mr. Kahiga Waitindi presented arguments on behalf of the applicant, while learned c…