JUDGMENT OF THE COURT
1. This is an appeal from the ruling of the High Court (Angawa J) in High Court Civil Case Number 430 of 1981 delivered on 12th March 2008 dismissing an application dated 11th October 2006 by Dr. Kivuto Ndeti (Dr. Ndeti). In that application made under Order 49 rule 5 and Order 45 rule 15 of the Civil Procedure Rules, Dr. Ndeti sought orders for enlargement of time within which to make the application and for the application to be deemed to be made in time; an order to set aside an arbitral award and judgment entered by the court consequent upon that award; an order for the case to proceed to hearing before the High Court and an order for provision of costs of the application. Dr. Ndeti is now deceased. The appellants, Cecilia Situmai Ndeti and Michael Kyende Ndeti, the personal representatives of his estate, represent him in this appeal.
Background
2. The litigation leading up to the present appeal goes back some 33 years. In 1981 Patrick Mutheke Ndeti, (Mutheke) f…