JAMES MASILA MULI & MUSYA MULI V. KWALE MATI, AGNES KASYOKA & SHEDRACK MUNYALO NZENGE

RULING OF G.B.M. KARIUKI JA

1. This ruling ought to have been delivered a lot earlier. The misplacement of the court file precipitated the regrettable delay. I apologize for this mishap.

2. The two applicants, James Musila Muli and Musya Muli, sought in their undated but signed application made by way of notice of motion leave to file out of time (and serve) Notice and Record of Appeal from the judgment of the High Court at Machakos in H.C.C.A. No.69 of 1998. In effect, they seek the exercise by this court of its discretionary jurisdiction to grant extension of time to appeal.

3. The brief background leading to the application shows that the appellant’s claim against the respondents in the Senior Resident Magistrate Court was for a portion of land allegedly wrongfully taken away from him by the respondents who caused the title thereof to be registered in their names as titles Nos.2060, 2420 and 1958. The trial court found no merit in the 1st appellant’s claim and dismissed it. Aggrieved,…