JEPHTER JUMA AMBUCHI & JOSEPH KIMARUI JUMA V. HEZRON BARASA KISACHE

RULING

Background

[1] This is an application by way of a Notice of Motion brought under Rule 4 of the Court of Appeal Rules (the Rules) in which the applicant seeks the following orders:

1. That service of this application be and is hereby dispensed with at the first instance due to urgency.

2. That this application is hereby certified as urgent to be heard on priority basis.

3. That the applicants be and are hereby granted leave to file a Notice of Appeal out of time from the Judgment of the Honourable Justice A. O. MUCHELULE dated and delivered at Bungoma on the 5^th day of December, 2012.

4. That the applicants be and are hereby granted leave to file and serve a Record of Appeal out time from the Judgment of Honourable Justice A. O. MUCHELULE dated and delivered on the 5^th day of December, 2012.

5. That the costs of this application be provided for.

[2] The application is anchored on the grounds that the delay in filing the notice of appeal and the record of appeal was occasioned by the fac…