RULING OF THE COURT
1. This is an application by JULIE MUKAMI, SIMON NGETA KANYOKO and PERPETUA WANJIRU, the applicants, under rules 84, 42(1) and 43(1) of the Rules of this Court for striking out the notice of appeal dated 26th November, 2014. The application is based on the grounds on the face of it and supported by the affidavit of Julie Mukami Kanyoko, on her own behalf and with authority from the other applicants.
2. The facts as they relate to this application are that a ruling was delivered by the Honourable Justice Mutungi on 14th July, 2014 in which the trial judge denied the respondents’ application to review the trial judge’s earlier ruling denying the respondents leave to defend the suit. An interlocutory judgment had been entered against the respondents mainly on account of the respondents’ failure to adhere to laid down procedures and timelines and the dilatory conduct of the respondent at the trial. The matter was thus expected to proceed for formal proof hearing before t…