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 applicants should satisfy the Court, inter alia, that there is merit in the intended appeal; that there has not been inordinate delay in lodging the application and that the respondent will suffer no undue prejudice if the applicants are allowed to lodge an appeal out of time – (see Wasike v. Swala [1984] KLR 591)
The applicants intend to appeal against the judgment of the superior court, Machakos given on 3/6/1999 in Civil Suit NO. 116 of 1997 wherein the superio…