MARGARET NJERI NJOROGE (THE ADMINISTRATROX AND THE BENEFICIARY OF THE ESTATE OF NDUA THIONGO) V. HANNA WAMBUI KIBE NJOROGE (THE ADMINISTRATRIX AND THE BENEFICIARY OF THE ESTATE OF JOHN KIBE RAGAE)

R U L I N G

This is an application under Rule 4 of the Court of Appeal Rules for extension of time within which to file and serve both the notice of appeal and the record of appeal.

The applicant intends to appeal against the judgment of the superior court (Osiemo J) dated on 20^th May, 2007 whereby the superior court declared the respondent as proprietor of land title No. Dagoretti/Riruta/2291 measuring 0.1 HA through adverse possession.

The suit land was originally registered in the name of Ndua Thiongo the deceased husband of the applicant and upon the death of her husband the applicant was registered as proprietor on 20^th August, 1992. The superior court accepted the evidence of the respondent that she and her deceased husband took possession of the suit land in 1976 and that thereafter they extensively developed the land and constructed a two-storey building containing 25 rooms and a bar and also constructed a dwelling house on the land. The applicant in the replying affidavit filed …