RULING
I have before me a notice of Motion dated 18th November, 2010 but filed on 6th December, 2010 in which the applicants Joseph Kirweya Kahwai and five others are seeking orders against Charles Kirweya Kahwai and five others as follows:-
“(a) The surveyor report dated 11th June, 2001 was read by court on 24th November, 2009.
(b) The applicants became aware that the matter was concluded on 24th November, 2009 when they engaged an advocate on 23rd June, 2010.
(c) The applicants instructed the advocate to review the Orders but unfortunately the application was dismissed on 23rd July, 2010.
(d) The delay is (sic) filing this application is not inordinate.
(e) The appeal has high chances of success.”
There is an affidavit in support of the application sworn by the second applicant, Githinji Kahwai, which on the main, merely highlights the grounds set out in support of the application I have reproduced hereinabove. Together with that affidavit, are annextures which are the extracted ord…