R U L I N G
The application now before me is made under Rule 4 of the Rules. It seeks orders to extend time within which to lodge and serve a Notice of Appeal and Memorandum of Appeal, the applicants having being aggrieved by the decision of Warsame, J made on 19th October, 2004 and wish to challenge it in an intended appeal. As this is the third time for this Court to deal with this matter, I need not rehash the facts and circumstances giving rise to the application as they are now wellknown. However, I need to restate that before the Court can exercise its unfettered discretion in favour of the applicants, the applicants should satisfy the court, inter alia, that there is merit in the intended appeal; that there has not been inordinate delay in lodging the application and that the respondent will suffer no undue prejudice if the applicants are allowed to lodge an appeal out of time – (see WASIKE v. SWALA [1984] KLR 591).
Judgment the subject matter of the intended appeal was given on …