HOSEA KOSGEI KENDUIYWA
V.
HELLEN CHEMELI KENDUIYWA & 3 ORS

R U L I N G

[1] This is an application brought under Rules 1 (2), 4 and 47 of the Court of Appeal Rules and Article 159 (2) of the Constitution for the main orders that:

“1. ..............

2. The Notice of Appeal filed herein be deemed as properly filed and served.

3. Leave be granted to applicants to lodge an appeal out of time against the ruling and order of the High Court at KITALE, (JUSTICE J. R. KARANJA) delivered on the 12^th July, 2012 in Kitale Succession Cause No. 85 of 2004.”

[2] The application is based on the grounds in the body of the application, the supporting affidavit sworn by the applicant and the numerous annexed documents. The application is also supported by the applicant’s further affidavit sworn on 9^th October, 2017.

The application is opposed by the respondents on the grounds contained in the respective replying affidavits of the 1^st and 2^nd respondents.

[3] The applicant intends to appeal against the order/ruling of the High Court dated 12^th July, 2012 which was in th…