JUSTUS MAJAU JOSEPH GIKUNDA, FRANCIS RIUNGU NGARUTHI &GERALD; KINOTI NGARUTHI
V.
ERASTUS MURIUNGI (DECEASED) THRO' JANET MWARI MURIUNGI

RULING OF THE COURT

Before us is a Notice of Motion application dated 3^rd July, 2012 brought pursuant to Rule 82 of the Court of Appeal Rules (the Rules) and Section 3A and 3B of the Appellant Jurisdiction Act, Chapter 8, Laws of Kenya. The applicants seek the following orders:-

1. The Notice of Appeal lodged on the 9^th November, 2007 be struck out.
2. The orders for stay pending appeal issued by the superior court on 23^rd January, 2009 be discharged.
3. The costs be provided for.

The grounds upon which the applicants rely on in support of their application are that the Notice of Appeal was lodged on 9^th November, 2007 against the High Court's judgment dated 2^nd November, 2007 and to date no appeal has been lodged; on 23^rd January, 2009 the High Court issued an order of stay of execution of the said judgment; the applicants have been denied the fruits of their judgment since the stay was granted and the respondent has not taken any steps to lodge the appeal. The time within which the respondent w…