DOMINIC MIKE KAMINJA V. NGIRI IKUA (REPRESENTED BY AGOSTINO NDARU MUITANJAU),MINISTER FOR LANDS & LAND REGISTRAR MBEERE DISTRICT

RULING

The main appeal was filed on 15^th January, 2018 but there are two interlocutory matters filed by the parties. The first in time is a notice of motion dated 30^th January, 2018 and filed on 31^st January, 2018, by the appellant seeking the following orders:

"2. Time of service of Notice of Appeal and letter bespeaking proceedings be extended.

3. The Notice of Appeal and the letter bespeaking proceedings dated 3^rd July, 2017 and served upon the 1^st Respondent on 30^th August, 2017 be deemed served within time.

4. Time of filing and service of Record of Appeal be extended.

5. The Record of Appeal filed on 15^th January, 2018 be deemed filed within time.

6. The Record of Appeal served upon the 1^st Respondent on 24^th January, 2018 be deemed as served within time.

7. Costs of the application be provided for."

Several provisions of the law are invoked, including Article 48 of the Constitution, section 3A and 3B of the Appellate Jurisdiction Act (AJA), and Rules 1 (2) and (4) of the Court of Appe…