CHARLES KARATHE KIARIE & 2 OTHERS
V.
ADMINISTRATORS OF THE ESTATE OF JOHN WALLACE MATHARE (DECEASED) & 5 OTHERS

RULING OF THE COURT

This is an application by the three applicants, Charles Karathe Kiarie, Thomas Wanyoike Wainaina and Kalang Enterprises, expressed to be brought under Article 163 (4) (b) of the Constitution, Sections 3A and 3B of the Appellate Jurisdiction Act, Rule 24 of the Supreme Court Rules and Rule 43 of the Court of Appeal Rules for orders that this Court,

“.....be pleased to grant the applicants leave to appeal to the Supreme Court against the judgment delivered herein on 26^th April 2013.”

In that judgment, this Court, differently constituted, dismissed the applicant’s appeal for the reasons we shall shortly state. The facts giving rise to this dispute as they emerge from the record are that sometime in the late 1989, the 4^th respondent, George Hezron Mwaura (Hezron) offered to sell to Dennis Waweru Rimui (Dennis) and his brother John Wallace Mathare (Mathare) (both are deceased and represented in these and earlier proceedings by the 1^st and 2^nd respondents) a portion of a bi…