JAMES MATATA, JOSEPHAT SAIDI INYOSI & MJOMBA DOUGLAS KIBURI (SUING AS LEGAL REPRESENTATIVES OF THE ESTATE OF NYANGE MASAGA (DECEASED) V. KENYA POWER LIMITED

RULING

[1] The notice of motion under my consideration in this Ruling is predicated on Rule 4 of this Court Rules and seeks an extension of time within which the applicants can lodge and serve a Notice of Appeal out of time. The judgment the applicants intend to appeal against was delivered on 25^th October, 2016 in Voi Civil Appeal No. 20 of 2015 by Kamau, J. The motion is supported by the affidavit of Shem Kebongo learned counsel for the applicant, who asserts that he became aware of the judgement on 2^nd November 2016; where upon he immediately advised the applicants of the outcome and they instructed him to file an appeal. The applicants’ grievance stems from the fact that the said judgment reduced their award of damages down to Kshs.205,500/- from the Kshs.1,045,500/- previously awarded by the trial magistrate’s court.

[2] The application is opposed vide the respondent’s grounds of opposition dated 10^th July, 2018. By the said opposition, the respondent primarily asserts that the app…