JUDGMENT
I. Introduction
1.This is a petition of appeal dated March 15, 2019 and filed on March 19, 2019 pursuant to section 15(2) of the Supreme Court Act, 2011, rule 32 of the Supreme Court Rules 2011, articles 2(4) and 163(4)(a) of the Constitution. A supplementary record of appeal was filed on June 26, 2020. The appeal is challenging the entire judgement of the Court of Appeal (Waki, Musinga & Odek JJA) delivered on the January 25, 2019 in Nairobi Civil Appeal No 2 of 2013. The Court of Appeal upheld the decision of the High Court (Mwera J) which struck out the appellants’ suit with costs.
2.In particular, the petition seeks the following reliefs, reproduced verbatim, that:
(i) The petition be allowed with costs.
(ii) There be substituted, for the orders of the superior court and the Court of Appeal, an order allowing the plaint dated October 14, 1996 as prayed.
II. Background
a. Proceedings in the High Court
3.The appellants moved the High Court via HCCC No 2543 of 1996 challenging their…