JOHNSON KIMATHI KABURA & PATRICK MUGAMBI V. MAKOKOYO NCHOKE LESHANI, PHILIP RAKITA, JOHN RAKITA, KAJIADO DISTRICT LAND REGISTRAR, KAJIADO DISTRICT LAND SURVEYOR & ATTORNEY GENERAL

RULING

[1] Before me is a Notice of Motion dated 6^th February, 2020 by the applicants seeking an extension of time for filing a notice and record of appeal out of time against the Ruling and Order issued on 8^th May, 2019 in ELC Number 108 of 2018 Kajiado. The motion is supported by the grounds stated thereunder which are elaborated further by the supporting affidavit sworn on 6^th February, 2020 by the 1^st applicant.

[2] According to the applicants, they instituted a suit before the High Court at Kajiado seeking a determination of the actual boundaries between their property known as Kajiado/Kaputiei North/ 4101 and Kajiado/Kaputiei North/959. That on 8^th May,2015 the parties sought to have a joint survey undertaken to establish the boundaries which was done, resulting to a survey report dated 22^nd May, 2014 which was adopted in court by way of a consent that was recorded in court on 23^rd May, 2014 and a further consent order recorded in court on 4^th August, 2014 which was on the impleme…