JOHN MATIRI MUGAMBI & STEPHEN KINYA MBOGORI V. FRANCIS KATHURIMA, SILAS MURERWA MUGAMBI, JUDITH KARIMI, MARGARET MBUYA MUGAMBI, ROSEMARY GAKII & FAITH KENDI

RULING

This is an application under Rule 4 of the Court of Appeal Rules, seeking for orders that the applicants be given an extension of time within which to file a Notice of Appeal against the judgment of the High Court, Kasango, J. of 10^th August, 2011. The application is supported by the affidavit of Stephen Kinyua Mbogori, the 2^nd applicant which has attempted to give reasons that contributed to the delay in filing the appeal as follows:

3. “That we sought leave of the court to lodge an Appeal and due to pressure of work, the same was not granted.

4. That we were unable to lodge the Record of Appeal in time because we were not supplied with proceedings in time despite the fact that we applied and paid for them in time (Annexed is a letter for request marked SK '2' payment receipt marked SK '3'.”

The applicants were represented by Mr. Kiara, learned counsel, who argued the Notice of Motion and underscored the grounds stated in the affidavit. He emphasized that the dispute involves the …