SIMON NDUNGU & ANOTHER V. KANGATHIA KIUNA

RULING OF THE COURT

By this application expressed to be brought under rule 80 of the Rules of this Court, the applicants seek orders that the Notice of Appeal filed in H.C. Miscl. Civil Application No. 191 of 1999 (Nyeri) on 25^th July, 2005 be struck out on the ground that no record of appeal has been lodged within the time stipulated by the Rules.

It is common ground that the respondent applied for the copies of the proceedings on 21^st July, 2005 but to date the proceedings have not been received. The applicants have themselves confirmed that they received the copy of the letter bespeaking of the proceedings. In the circumstances the application now before us, is premature and ought not to have been instituted in the first place as time has not been exhausted within the meaning of rule 81(1) of the Rules.

In the result, this application fails and is dismissed. However, as the applicants are unrepresented and were genuinely interested in seeing that the intended appeal is disposed of exp…