RULING
This application is brought under rule 4 of the Court’s Rules. It seeks time to be extended within which the applicants (Nzeli, Matiku and Mutua Matiku) would file and serve a notice of appeal in respect of the ruling of the superior Court (Lenaola, J) delivered on 26th day of November 2009. The applicants also pray that costs of the application be provided for.
The application is grounded on the fact that the applicants’ other application for extension of time filed in the superior court on 28th September 2008 was on 26th November 2009 dismissed with costs. The application is also premised on the fact that the applicants’ advocates had requested another advocate to hold their brief on 26th November 2009, but the latter through inadvertence forgot to inform the former of the dismissal of their application and matter escaped attention until on 11th January 2010 when the respondent’s advocate called and later wrote on 12th January 2010 disclosing that the application was dismissed …