RULING
[1] By a notice of motion dated 10th April, 2017, the applicant Diocese of Kisii Registered Trustees, Rev. Joseph Mairura Okemwa and Sister Rosa Construction Company, have moved this Court seeking leave under Rule 4 of The Court of Appeal Rules to file a notice of appeal and record of appeal out of time. The intended appeal is against the judgment delivered by the Environment and Land Court judge in Kisii HCC NO. 25 of 2012 on 2nd of December, 2016. The learned judge had dismissed an appeal against the ruling of the trial magistrate dated 9th February, 2012 in which the respondents’ application to set aside a consent order dated 11th March, 2009 and the judgment resulting therefrom was rejected.
[2] Father Richard O. Nyangoto who is the Diocesan Finance and General Administrator of the Diocese of Kisii Registered Trustee, has sworn an affidavit in which he explains that contrary to instructions given to the applicants’ advocates to file an appeal, no appeal was filed as a staff i…