R U L I N G
I have before me an application by way of notice of motion dated 8th November, 2006 brought under rule 4 of the Court of Appeal Rules (the Rules) in which the applicants, Rael Muyaka and seven others are seeking two orders namely:
“(a) That the time limited for filing and serving by the applicants of the notice of appeal as well as filing and serving the record of appeal be enlarged and the same be filed and served within such time the court shall deem fit.
(b) That the costs of and incidental to this application be borne by the applicants.”
The reasons for the application are four and they are:
(1) That the applicants had instituted Civil Appeal No. 354 of 2002 which was struck out by the Court on 13/10/2006 failing to incorporate an amended notice of motion in the record of appeal.
(2) The failure to attach the document was an inadvertent mistake committed by counsel which ought not be visited upon the applicants.
(3) The applicants have a good appeal arising from a decision of…