<p class="ql-align-justify">R U L I N G</p><p class="ql-align-justify">This is an application under rule 4 of the Rules of this Court seeking extension of time for filing a notice of appeal and the record of appeal out of time. It is based on the sole ground that no notice was served upon the applicants or their advocates of the date of delivery of the judgment. On the material before me, I am not satisfied that this is so. The judge wrote a letter dated 26th September, 1996 addressed, inter alia, to Mr. Kiangoi who was one of the advocates who conducted and concluded the case on behalf of the applicants. There is no affidavit from him to say that he was not served. The Deputy Registrar who delivered the judgment has recorded that all parties were present.</p><p class="ql-align-justify">It is deponed in the affidavit on behalf of the Respondents that the judgment intended to be appealed against has been enforced, a sub-division made and members are settled in terms of the judgment. The applicants knew of the delivery of judgment at the latest by 22nd November, 1996. Yet this…</p>