RULING
1. Aggrieved by the whole judgement of the High Court in Mombasa H.C.C. No. 306 of 2001 delivered on 24 January 2019, the applicants intend to challenge it on appeal to this Court. By their application dated 8 October 2019, principally under Rule 4 of the Court of Appeal Rules, they seek leave to appeal out of time against that judgment. Their suit against the respondent was for loss of income; value of trucks; expenses and aggravated damages arising from alleged wrongful seizure of their trucks.
2. Urging the application before me, learned counsel Mr. A. Hayanga referred to the grounds in support of the application appearing on the face of the application and his supporting affidavit and submitted that upon delivery of the judgment by the High Court on 24th January 2019, the applicants filed a notice of appeal on 6th February 2019 and served the same on respondents; that the notice of appeal was filed and served within the time prescribed under Rule 75 of the Rules; that applica…