REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT NAIROBI
(CORAM: BOSIRE, AG J.A.(IN CHAMBERS)
CIVIL APPLICATION NO. NAI 70 OF 1997
BETWEEN
MWANDIKWA MAANGI
KASWII MUSAVA MAANGI ............................... APPLICANTS
AND
NYAMAI MUSILI ...................................... RESPONDENT
(Being an application for extension of time in an
intended appeal from a ruling of the High
Court of Kenya at Machakos (Justice Osiemo)
dated 4th August 1995
in
H.C.C.C. No.156 of 1991)
*******************
RULING
The applicant's appeal is to wit Civil Appeal No.52 of 1996, was struck out on 5th March 1997, for being incompetent having been filed out of time without a prior order extending time. The applicant would like to restart the appellate process and has therefore brought this application under rule 4 of the Rules of this court for extension of time to file a fresh Notice of Appeal. He is perfectly entitled to do so. This application was filed in court on 8th April 1997, more than a month after the applicant's…