RULING
The notice of motion about to be determined was dated 3rd October, 2012, and filed under Ss.3, 3A, 3B, 7 of the Appellate Jurisdiction Act and Rule 4 of the Rules of this Court. The main prayers sought by the applicants were:
(i) that leave be granted to file and serve record of appeal out of time within a specified period; and
(ii) that the time for filing the record of appeal be extended.
The background in this matter is briefly this: a decree was issued on 21st January, 2008 in a case that had been heard at Gatundu in respect of Land Parcel No.Ndaragu/Gathaite/252A which involved several heirs/beneficiaries.
Being dissatisfied the present applicants filed NBI HCCA 5/09. They also filed a chamber summons dated 18th May, 2009, praying, inter alia, for a stay of execution pending the hearing and determination of that appeal.
Njagi J. heard that summons and on 6th September, 2009 declined to grant the stay on the grounds that the applicants did not satisfy him by demonstrating that th…