KEZIAH STELLA PYMAN & 2 OTHERS V. PAUL MWOLOLO MUTEVU & 8 OTHERS

RULING

This is an application under Rule 3A of the Appellate Jurisdiction Act and Rule 4 of the Court of Appeal Rules, 2010 for extension of time to file and serve record of appeal out of time from the ruling of the High Court (Karanja, J.) dated 18^th October, 2012. The application is supported by an affidavit sworn Keziah Stella Pyman on 31^st January, 2013 on behalf of the 2^nd and 3^rd applicants.

After judgment was delivered on 18^th October, 2012 the applicants duly filed a notice of appeal on 29^th October, 2012. The applicants in their sworn affidavit claim that they were advised by their advocate M/s Chebii and Company Advocates that the proceedings and judgment were not ready for collection. They further alleged that upon making an application to the High Court for typed proceedings and judgment, they were informed, through their advocate that the proceedings were ready for collection on 17^th November, 2012. The applicants averred that although they filed a notice of appeal, the del…