MWATHI KABA & ANOTHER V. DAVID MURIMI MURIUKI & ANOTHER

RULING

By their Motion dated 1^st October 2015, brought under Rule 4 of the Court of Appeal Rules 2010, the applicants seek a single prayer;

“THAT the court do grant an extension of time to the applicants to file and serve the Notice of appeal, Memorandum of appeal and a record of appeal, and the Notice of Appeal dated 18^th October 2013 and served on 31^st October 2013 be deemed as properly filed and served.”

The Motion is said to be based on the grounds appearing on its face to the effect that, the applicants immediately instructed their counsel to apply for proceedings and to file a notice of appeal but he filed the notice on 23^rd October 2013, and that they have a strong appeal with chances of success. It was supported by the affidavit of Mwathi Kaba sworn on 1^st October 2015 in which he swore that on 4^th October 2013 a letter was written seeking copies of the proceedings and a deposit of Ksh.1,500 paid to court for that purpose. The Notice of appeal was filed on 18^th October 2013 and w…