JAMES MIGWI & JANE WANGECHI V. SUSAN WANJIKU MWANGI

RULING

This is an application under Rule 4 of the Court of Appeal Rules for extension of time to file and serve a notice of appeal, and record of appeal, from the ruling and order of the High Court of Kenya (Muchelule, J.) dated 28^th June, 2011.

The ruling in the case before the High Court was delivered on 28^th June, 2011. However, the applicants say in their deposition that the delay of more than two months in filing this application was occasioned by the following reasons:

That we are the applicants herein and hence competent to swear this affidavit.

That the judgment against which we intend to appeal was delivered on 28^th June, 2011 by Honourable Mr. Justice Muchelule, sitting in the High Court of Kenya at Embu Civil Appeal No. 26 of 2008. (Annexed is a copy of the judgment marked JM '1')

That on 6^th July, 2011, we requested that the lower court file from Wang'uru Court be transferred to the Embu High Court to enable the appeal to be heard. (Attached is a copy of the letter requesting …