JONAH KIPSAINA CHEROTICH, PERIS JEPKEMBOI KIMUTAI, ISAAC KIBIWOT CHEROP & FRANCIS KIPSANG KIMUTAI V. RAEL TARLOCK SAWE, PHILIP KIPROP SAWE & FRANCIS KIPKEMBOI SAWE

RULING

Background

[1] This is an application by way of Notice of Motion brought under Rule 4 of the Court of Appeal Rules (the Rules) in which the applicants seek the following orders;-

1) The time limited for the 1^st and 2^nd applicants with the Notice of Appeal be enlarged or extended to allow the filing and serving of the same within such time as the court shall deem fit.

2) Costs of and incidental to this application abide the result of the application.

The applicants filed an amended Notice of Motion on 8^th May, 2017 and sought the following orders;-

“(a) The notice of appeal dated 17-6-2015 and the letter dated 17-6-2015 applying for the superior court’s proceedings among others were filed on 17-6-2015.

(b) The Deputy Registrar in a letter dated 15-9-2015 wrote to the applicants’ former advocates/counsels to collect the proceedings and Judgment upon payment of the court charges since the sum of Kshs.500 had been paid.

(c) The notice of motion dated 30-6-2015 for stay of execution, notice…