ROSEMARY MAKENA MWANGI & SIMON MURAYA V. MWANGI HARUNN & FLORA KABURA CHEGE THE ADMINISTRATOR OF THE ESTATE OF JOHN CHEGE

RULING

Mrs. Rosemary Makena Mwangi and Simon Muraya (applicants) mother and son respectively, filed a Notice of Motion application dated 17^th July 2006, under Rule 4 and 42(1) and (2) of the Court of Appeal Rules for orders:

1. That this Honourable Court be pleased to grant leave to the applicants to file and serve the Notice of Appeal out of time.

2. That the Honourable Court be pleased to grant leave to the applicant to file and serve the Record of Appeal out of time.

3. Any other relief, direction or order the Honourable Court may deem appropriate and just in the circumstances.

4. That costs incidental to this application abide the intended appeal.

The application was founded on the following grounds:

(a) THAT the applicants are advanced in age and mistakenly thought the appeal was being prosecuted by their counsel on record.

(b) THAT the applicants filed a Notice of Appeal on February but mistakenly failed to file an appeal within the legally stipulated time.

(c) THAT the applicants receiv…