RULING
I have before me an application under rule 4 of this Court’s Rules in which the applicants seek the following orders:-
“1. THAT time within which to file and serve Notice of Appeal and Record of Appeal be extended.
2. THAT costs of and incidental to this application abide the result of the said appeal.”
The application is supported by an affidavit of Mr. A.J. Kariuki, counsel for the applicants. In that affidavit, Mr. Kariuki gives a detailed explanation as to what led to the delay. Part of the explanation was that the decree was not approved in good time and an application for extension of time was filed which was later withdrawn.It was pointed out that the dispute relates to family land in which the parties are members of that same family.
Mr. Njuguna, for the 1st respondent, opposed the application on the ground that there was inordinate delay which had not been explained.
Mr. Nderi, for the 2nd respondent, opposed the application relying on a replying affidavit. He complained tha…