RULING
1.The Notice of Motion application coming up for hearing on 19th October, 2021 is the one dated 17th day of February, 2021. It has been brought under Rules 4, 41 and 47 of the Court of Appeal Rules. The applicants are seeking orders that: -
The time for filing of an application to strike out this appeal is extended appropriately so that the application for orders to strike out the same, filed alongside this application, is deemed to have been filed within time.
2.The application is based on the grounds which I summarize as follows; that at the time the judgment was delivered by the superior court at Mombasa on 31st October, 2019 S.M. Kimani, Advocate was the one on record for the plaintiffs. That on 3rd March, 2020 the 1st applicant in the case filed without leave of court, a Notice of intention to act in person which was also not served upon the advocate then on record for the applicants. That the on 12th March, 2020 the applicants jointly appointed again without leave, new advoc…