JAMES MASILA MULI & MUSYA MULI V. KWALE MATI,AGNES KASYOKA & SHEDARCK MUNYALO NZENGE

RULING OF THE COURT

On the 30th January 2014, his lordship D.K. Maraga, J.A., sitting as a single judge, considered and dismissed an application for extension of time, made by the present applicants under Rule 4 of the Court of Appeal Rules, on the ground that the delay in filing the appeal is over twelve (12) years, which delay is not only inordinate but unexplained.

Being aggrieved and dissatisfied with the decision of the single judge, the applicants have sought reference of the said application before a full bench of this court under Rule 55 (1) of the Court of Appeal Rules.

It is the case of the applicants that they were the appellants in High Court Civil Appeal No. 69 of 1998 at Machakos in which judgment was rendered on 14th March 2001. After the appeal was disallowed, they approached Kituo Cha Sheria to assist them file an appeal in this Court. Kituocha Sheria appointed one Josephine Wangua Wambua, Advocate, to lodge and prosecute the appeal on their behalf. They later came to le…