RULING
Dr. Nehemiah Kimathi and Stella Nkatha Mwiraria, the applicants have moved the Court by a Motion dated 3rd May 2020, seeking the following orders;
a. THAT this Honourable court be pleased to grant the Applicants leave to lodge an appeal out of time against the judgment and resultant decree/order of the Environment and Land Court of Kenya at Thika (Mr. Justice G.M.A Ong’ondo J) dated and delivered on 14th June, 2019 in Cause No. 449 of 2017.
b. THAT upon grant of the leave to appeal out of time and extension of time, the Record of Appeal lodged herein be deemed as duly filed and the same be served upon the Defendants.
Being a Rule 4 application, I shall be guided by the appropriate principles, devised by this Court, to be applied in order to achieve a just decision. In the exercise of my discretion, which is free and unfettered, I am persuaded by the decision in LEO SILA MUTISO v. ROSE HELLEN WANGARI MWANGI (1999) 2 EA 231, the locus classicus which laid down the following parameter…