R U L I N G
1. In the application dated 19th January, 2024 brought under Article 159(2)(d) of the Constitution, Rules 4 of the Court of Appeal Rules and sections 1A, 1B and 3A of the Civil Procedure Act (which is not applicable to applications before this Court), the applicants seek leave to file their Notice of Appeal out of time. In the alternative, they pray that the Notice of Appeal dated and filed on 30th November, 2023 be deemed to be properly filed.
2. The application is based on the grounds on its face and is supported by two affidavits, both sworn on 19th January 2024. The first is sworn by Achieng Otieno, the applicants’ advocate who, it would appear, also seeks leave to come on record, and the second by the 1st applicant.
3. The applicants aver that in the judgment dated 12th October, 2023, they were ordered to transfer the suit property to the respondent. They were aggrieved by the judgment and wish to appeal against it, but the permitted time for so doing has lapsed. They av…