RULING OF THE COURT
1. The transcript of the proceedings before the High Court shows that this matter has a rather long history and has been handled by many judges of the High Court since its inception about 25 years ago in 1999. It appears that the original disputants have since died and substituted with personal representatives. But what is presently before us is an application dated 14th July 2018, in which the applicants, Julius Kabui Mwangi and Teresia Njeri Mwangi (suing as heirs and Legal Representatives of the Estate of Mwangi Gichukia (Deceased), seek an order “that the Notice of Appeal dated 19th May 2015 and lodged on 20th May 2015 by the respondents be deemed to have been withdrawn.” In the alternative, the applicants seek an order that the said notice of appeal be struck out.
2. The Notice of Appeal in question relates to a ruling of the High Court at Nairobi (Onyancha, J.) which was delivered on 6th May 2015 dismissing the respondents’ application dated 4th September 2013 …