HENRY GATURA, SAMUEL NJOROGE, PETER WAICHUNGO & ROFASI MUSASULA V. CHARLES OGINA, JOSEPH KIMANI KIARIE , ALFRED W. MOCHO ,DANIEL MATHENGE NGUGI & ZIPORA WANJA MATHENGE

R U L I N G

I have before me an application dated 23^rd November 2010 in which the applicants are seeking orders:-

“1. That the Honourable Court be pleased to extend time within which the applicants will lodge notice of appeal against the ruling made on 27^th October 2010, and the Court do give the applicants time frame within which to lodge their notice of appeal.

2. Costs of the application be provided for.”

The grounds in support of the application are as follows:-

“(a) That the time within which the applicants were to file their notice of appeal lapsed on 10.11.2010.

(b) That said ruling was delivered in the absence of the applicants.

(c) That the applicants became aware of the ruling dated 27^th October 2010 on 11.11.2010.

(d) That failure to lodge the notice of appeal within the prescribed period was due to the fact that the applicants learnt of the ruling on 11.11.2010.

(e) That it is for the interest of justice and fairness that the time within which to file the notice of appeal …