JAMES GAKONO NGUNGI V. JANE NJOKI NGUNGI; VERONICA MUTHONI NGUNGI

RULING

The applicant James Gakono Ngungi prays for leave under Rule 4of the Court of Appeal Rules to file both the Notice of Appeal and the Records of Appeal out of time

The applicant is aggrieved by the order of C.A. Omwitsa, the learned Commissioner of Assize dated 7th June 2001 rejecting Civil Appeal No. 25 of 1999 filed by the applicant at the High Court of Kenya, Embu Registry. That appeal emanated from the decision of the Provincial Land Disputes Appeal Tribunal Nyeri in Land Dispute Appeal Kirinyaga No. 135/99 – dated 13th October 1999. In that Appeal the Provincial Land Disputes Appeals Tribunal dismissed an appeal by the applicant from the decision of Gichugu Land Disputes Tribunal, which on 25th June 1999 awarded a portion of two acres to Jane Njoki Ngungi from land title No. Baragwi/Kariru/128 registered in the name of the applicant.

There was evidence in the two Tribunals that the applicant was registered on first registration as proprietor, of land title No. Baragwi/Kariru/1…