PETER AMALA MUMIA, CORENEL GERMAN MUMIA, GERALD OYEMBA MUMIA & JOSEPHAT AFUBWA MUMIA V. MARY ANYANGO AMEKA & LEVI OMONDI AMEKA

RULING

I am asked by this application to exercise my discretion in favour of the applicants and grant them an extension of time within which to lodge an appeal out of time.

The Ruling, the subject matter of the intended appeal, was delivered on 12^th November, 2009. Being aggrieved by it, the applicants timeously lodged a notice of appeal and petitioned for the copies of proceedings and the ruling. Though these were received in or about March, 2010, no appeal was filed as is mandated by the Rules of the Court.

The main reasons given for the delay are that the Court did not supply the applicants’ counsel with the requisite copies of the ruling and judgment on time; and that the applicants did not have any money to instruct counsel to appeal nor money to file appeal. This application was filed on 14^th September, 2010.

Mr. Akwala, learned counsel for the applicants, has further submitted that the matter in issue in the intended appeal is land, an emotive issue and that the applicants are poor…