RULING OF THE COURT
1. UPON perusing the Notice of Motion dated 11th July 2017 under Rule 4 of the Court of Appeal Rules 2010, substantively seeking an order that this Honourable Court be pleased to extend the time within which the intended appellant shall file the record of appeal; an order that this Honourable Court be pleased to grant leave to file the intended appellate record within a period of thirty (30) days from the date of the ruling and to serve the same within seven days of such filing; and lastly, an order that the costs of the application be in the cause; and
2. UPON reading the grounds in the body of the application and the supporting affidavit of Fr. Eliud Mwenda sworn on 11th July 2017 together with annextures thereto blaming the advocate then on record for them for the failure to file the appeal after he had timeously filed the notice of appeal; and
3. UPON perusing the replying affidavit sworn by Ndume Ntuiru on 16th November 2017 together with annextures thereto conte…