ALEXANDER MUNENE R NGUU & 2 ORS
V.
NJUE M'TETU & 3 ORS

RULING OF THE COURT

Before us is an application brought pursuant to Rules 82(1) and (2), 83 of the Court of Appeal Rules (the Rules) and Sections 1A, 1B and 3A of the Civil Procedure Act. The applicants’ seek the following orders:-

• That the Notice of Appeal dated 16^th October, 2013 be struck out.
• That in the alternative, the respondents be deemed to have withdrawn their Notice of Appeal dated 16^th October, 2013.

The grounds in support of the application are that the 1^st, 2^nd and 3^rd respondents filed the Notice of Appeal dated 16^th October, 2013 and served the same upon the applicants on 25^th October, 2015. Since then, the said respondents have failed to institute an appeal. We take note that the respondents’ did not file a replying affidavit.

The genesis of this application is that the applicants filed a suit against the respondents in the High Court being H.C.ELC. No. 7 of 2013. Subsequently, the 1^st, 2^nd and 3^rd respondents filed an application seeking leave to file their statement of …