SUSAN OGUTU OLOO, LUCIA ABAJA OLOO ALIAS LUCIA OLOO AKINYI & JOYCE ATIENO OLOO ALIAS JOYCE ATIENO OBUNDE V. DORIS ODINDO OMOLO

RULING

Before me is a Notice of Motion dated 1^st February, 2018. It is an application seeking leave to file a Notice of Appeal out time against the ruling delivered by Majanja, J. on 10^th October, 2016.

The grounds in support of the application is that the applicant’s previous counsel did not update the applicants about delivery of the Ruling on 10^th October, 2016; that the applicants only became aware of the ruling around January, 2018.

The second reason given for the delay is that the 2^nd applicant, Lucia Abaja Oloo was admitted in hospital at Bondo between 9^th October, 2016 and 17^th October, 2016. She was thus not aware of the ruling of 10^th October, 2016 and was unable to attend to her normal daily chores. The applicant further submitted the respondent will not be prejudiced if extension of time is granted. The instant application is supported by the affidavit of Susan Ogutu Oloo - deponed to on 31^st January, 2018.

The respondent in opposing the application has filed a replying affida…