MICHAEL OCHIENG V. JOSEPH NYAUMBA WEYA & MOSES AGUMBA

RULING OF THE COURT

In a Ruling dated and delivered on 28^th September, 2012, the High Court sitting at Kisumu (Chemitei, J.) refused preliminary objection dated 24^th August, 2012 and filed on 27^th August, 2012, found that the firm of Odera Obar and Company Advocates were not properly on record, proceeded to expunge from the same record all proceedings filed by that firm and further found that application for leave dated 15^th August, 2012 was properly filed and served and so allowed the same in terms of prayer (b) thereof.

The respondents in this application namely Joseph Nyaumba Weya and Moses Agumba felt aggrieved by that Ruling and moved to this Court by way of Notice of Appeal dated 1^st October, 2012 and filed in the High Court registry on 2^nd October, 2012. This was timeous. Thereafter as at 22^nd February, 2013 the respondents had not filed an appeal. According to the applicant Engineer Michael Ochieng, as at 22^nd February, 2013, sixty days had expired from the date the Notice of Ap…