R U L I N G
The applicants in the motion presently before me are I.W. Waweru t/a Wathiomo Safaris and Another while the respondents are Fredrick J.P. Arodi and Another. The motion as filed merely shows the parties either as plaintiffs or defendants. I do not know the logic or wisdom in doing so, but I shall say no more on that point. The applicants intend to appeal from the judgment of the superior court dated the 3rd July, 1996. The applicants had filed a notice of appeal from that judgment.That notice was filed on the 8th July, 1996. A record of appeal, namely Civil Appeal No. 26 of 1997 was eventually filed but when that appeal came before this court for hearing on the 25th March, 1998, the same was struck out on the ground that it was filed out of time without leave. By the present motion brought under Rule 4 of the Court's rules and filed on the 6th May, 1998, the applicants now pray for an order:
"That the applicants be granted leave to file the memorandum of Appeal out of time."
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