RULING OF THE COURT
1. By way of a plaint filed in the High Court of Kenya at Nakuru, Lomolo (1962) Limited, the respondent herein, filed suit against the applicants, Shadrack Kimose and 147 others, seeking an order of eviction requiring all the applicants to vacate the piece or parcel of land known as L.R. No 10939 (the suit premises). The applicants instructed their advocates M/s. Ikua, Mwangi and Company Advocates, to enter appearance for them. However, the applicants did not file a defence to the suit. The respondent therefore filed an application for summary judgment. That application was allowed, with the trial court ordering that the applicants vacate the suit premises within fourteen days of service of the order, failure to which an order to evict them would issue.
2. When this order was served upon the applicants, they filed an application under certificate of urgency to set aside the order of summary judgment. They argued that their advocates on record had failed to follow ins…