R U L I N G
This is an application under rule 4 of the Rules of this Court, brought by Joseph D. Halake, the unsuccessful plaintiff in a suit for specific performance of an oral contract for the sale of land. The respondent and owner of the property, the subject matter of that agreement, is Yunis Malik. There were infact two pieces of land in issue namely L.R. No. 19912/6 and 19912/7 both situated within Nakuru Municipality.
Judgment regarding the two parcels of land was delivered on 18th October, 2007 by Kimaru, J. By the rules of this Court, a party aggrieved was required to file an appeal within 14 days by filing a Notice of Appeal as a first step. The applicant herein was aggrieved by the judgment delivered on 18th October, 2007, and was desirous of appealing against it. He did not however file a notice of appeal within the time stipulated under rule 74 of this Court’s Rules. By dint of rule 4 of the same rules he had the right to move this Court for an order extending the time with…