DANIEL KIMANI NJIHIA V. FRANCIS MWANGI KIMANI & THIKA DISTRICT LAND REGISTRAR

RULING

I. BACKGROUND

[1] This matter began in the High Court by way of a plaint dated 25^th April 2002, in which the applicant (plaintiff therein) alleged that the 2^nd respondent (the District Land Registrar, Thika) had altered the Registry Index Map on the boundary between two plots, and unlawfully hived off some portion of the applicant’s land known as LOC 1/MUKARARA/253 and added it to the 1^st respondent’s land known as LOC 1/MUKARARA/960. Osiemo, J heard the case and, in a Judgment delivered on 7^th June, 2006, dismissed the suit.

[2] Aggrieved by the High Court’s decision, the applicant on 15^th June, 2006 lodged a notice of appeal in the Appellate Court. However, over the succeeding period of four years, the applicant took no step to file the intended appeal. He then moved that Court, of Appeal, seeking an extension of time to file an appeal and a record of appeal, on the premise that his default had arisen from the fact that his counsel had left private practice, and become an employ…