REPUBLIC OF KENYA
IN THE COURT OF APPEAL AT NAIROBI CORAM: GITHINJI, J,A ( IN CHAMBERS) CIVIL APPLICATION NO. NAI. 129 OF 2004
BETWEEN
KIMEU KIMATU
MUSANGO KIMAT...................................... APPLICANTS
AND
KIEMA MAILI KASELYA ............................. RESPONDENTS
(An application for extension of time to file record of appeal out of time from
the decision of High Court of Kenya (Mwera, J) dated 3rd June, 1999 in H.C.C. NOL. 161 of 1997) ******************
R U L I N G
This is an application under Rule 4 of the Court of Appeal Rules for orders:-
(a) THAT this Honourable Court do grant the applicants leave to file an appeal out of time.
(b) THAT costs of the application be provided for.
The application is supported by the affidavit of Musango Kimatu, the second applicant. The respondent did not file a replying affidavit though he attended the hearing of the application and opposed the application.
Before the Court can exercise its unfettered discretion in favour of the applicants, the appl…