RULING
[1] By a notice of motion dated 30th August, 2018, Francis Barasa Lurare and Patrick Wekesa Lurare, (the applicants) seek leave to file and serve the notice and record of appeal out of time. The applicants are dissatisfied with the ruling made by the High Court in Bungoma (A. Aroni J) in objection proceedings relating to the estate of the applicants late father Joash Maluba Kitui (deceased). The learned judge had ruled in favour of the objector Dennis Nyongesa Maloba (respondent).
[2] The applicants explain that there was delay in filing the notice and record of appeal because the judgment was delivered without their knowledge and the applicants were misadvised that the ruling would be delivered on 19th July, 2018 and it was only later that they learnt that the ruling had actually been delivered on 29th March, 2018. The applicants maintain that the intended appeal raises crucial and pertinent issues and has availed a draft copy of the memorandum of appeal in which five grounds ar…