RULING OF THE COURT
For several reasons which will shortly become apparent, the notice of motion dated 2nd February, 2005 is for dismissal. The four applicants, who were the plaintiffs in the superior court, seek an order under rule 5(2) (b) of the rules of this court:-
“That there be a stay of execution of the whole ruling (sic) of the High Court of Kenya at Nairobi by Honourable Justice Ransley C.A delivered on the 12th February, 2002 in Nairobi High court civil suit No. 1508 of 1994.”
In the ruling alluded to, Ransley, Commissioner of Assize (C.A) (as he then was) refused to set aside an earlier order he made on 16th October, 2001 dismissing the plaintiff’s suit under Order 9 rule 4 of the Civil Procedure Rules due to failure by the plaintiffs to attend court for prosecution of their suit on the hearing date. The learned Commissioner of Assize was not satisfied by the explanation given for non-attendance and by the conduct of the plaintiffs who had enjoyed the benefits of an interlocu…