SAMUEL MUKUHA NJUKI & JOHN KIMANI NJUKI V. MARGARET NYOKABI KAHIHU & JOHN KAHIHU KAMUYU

RULING

1. In their application dated 26^th October 2020 made under Rule 4 of the Court of Appeal Rules the applicants Samuel Mukuha Njuki and John Kimani Njuki have sought “leave to appeal out of time against the whole ruling of the Hon. Justice Mbogholi, J...delivered on 22^nd September 2010.” In the same application, the applicants have prayed for an order of stay of execution in HCCC No. 1476 of 2005 (OS) Margaret Nyokabi Kahihu and anor v. Samuel Mukuha, which I cannot, as a single judge, entertain as it is a matter for the full Court under Rule 53 of the Court of Appeal Rules.

2. As the 1^st applicant has correctly stated in his detailed affidavit sworn on 26^th October 2020 in support of the application, this matter, “has been a long winded road” characterized by a “plethora of actions”. The short of it is that approximately 16 years ago, the respondents, Margaret Nyokabi Kahihu and John Kahihu Kamuyu instituted suit by Originating Summons dated 9^th December 2005 in the High Court cla…