DAVID ROWLAND MATENDE & ANOTHER V. JOSHUA AKEYO OGENDO

RULING

[1] David Rowland Matende (applicant) and City County of Nairobi, were respondents in an appeal filed in Environment and Land Court Appeal No 72 of 2014. By a judgment delivered by Okongo, J., dated 29^th September 2017, a decree that was in favour of the respondents was set aside and substituted with a judgment in favour of Joshua Akeyo Ogendo (respondent). The applicant is desirous of appealing against the said judgment and decree thus the application before me seeks an order extending time within which to file a Notice and Record of Appeal out of time.

[2] Although the applicant has cited the Provisions of Article 159 of the Constitution and all manner of other sections of the law, it is essentially a matter to be considered under Rule 4 of this Court which deals with extension of time in the following terms;

“The Court may, on such terms as it thinks just, by an order extend the time limited by these Rules, or by any decision of the Court or of a superior court, for the doing o…