REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT KISUMU
CIVIL APPLICATION NAI 216 OF 2005 (17/2005)
BETWEEN
1 TERESA MORAA OMUNDI
2 NYANCHOKA OMARI.....................................................APPLICANTS
AND
STEPHEN KENDU NYAEGA................................................RESPONDENT
(An application to file and serve Notice and Record of Appeal out of
time from the Judgment and Decree of the High Court of Kenya at Kisii
(Birech Commissioner of Assize) dated 17th June, 2003
in
HCCC NO 105 OF 2005 (O.S.)
****************
RULING
This is an application under rule 4 of the Court of Appeal Rules in which the applicants are seeking leave to file and serve notice of appeal and record of appeal out of time. The applicants’ previous appeal (Civil Appeal No. 225 of 2003) was struck out on 23rd June, 2005 on a technicality in that it was filed out of time without leave of the Court. This application was then filed on 4th July, 2005 which was about ten days after the previous appeal was struck …