JAMES NDUNGU MUCHUGI V. JOYCE NDUTA MUCHUGI,STEPHEN KAMAU MUCHUGI, JOHN MBUGUA MUCHUGI,MICHAEL MUTHUMU MUCHUGI, PATRICK KINYANJUI MUCHUGI, JAMES WAMAGATA MUCHUGI,PETER MBUGUA MUCHUGI, CHRISTOPHER MIRI MUCHUGI,PAUL KINYANJUI MUCHUGI & FRANCIS KAMAU MUCHUGI

RULING OF THE COURT

Before me is an application by way of notice of motion filed on the 13^th day of July, 2010. It is expressed as having been brought under Rule 4 of the Court of Appeal Rules and all enabling provisions of the Law. Three reliefs are sought namely: -

That this Honourable Court do extend time within which the notice of appeal and the record of appeal out of time may be filed.

That this Honourable Court be pleased to allow this application of notice of appeal out of time.

That costs and incidental to this application abide the result of the intended appeal.

The application is anchored on the grounds in the body of the application, contents of the supporting affidavit as well as the annextures exhibited. On the hearing date, the applicant Mr. JamesNdunguMuchugiappeared in person while learned Counsel Mr. Ndurumo appeared for the 1^st, 2^nd, 3^rd, 4^th, 6^th, 8^th, 9^th and 10^th respondents. TheCourt was then informed that the matter was part-heard. It had earlier been placed before …