RULING OF NAMBUYE, JA
The Eleven Applicants Dick Ouma Ochieng, David Auma , Patrick Ndirangu, Said Ali Abu, Samuel Ngatia, James Njoroge, Mary Nduku Kioko, Maina Mutahi, John Mwaura Wainaina, Mudia Muchemi and Naman Ogembo Ogweno were among a total of twenty three (23) defendants then successfully sued by the respondent Muthithi Investment Limited in the High Court of Kenya, vide ELC No. 498/2004. The litigation appears to have centred around a claim of ownership of Land reference No.2391/7. The litigation culminated in the judgment of J.M. Mutungi, J dated and delivered on the 13th day of May, 2014 in favour of the respondent.
The applicants were aggrieved by that decision and desired to appeal to this court. As was required of them, they needed to have lodged their notice of appeal within the time line stipulated in rule 75(2) of this Court’s Rules of 14 days from the date of delivery of the grieving decision. Instead, their notice of Appeal dated the 26th of June, 2014 was lodged out…