R U L I N G
The applicant MICHAEL GICHIRA NJERU by his Motion dated 14th January 2016 brought under Rule 4 of the Court of Appeal Rules as well as “Section 3A and 63E of the Civil Procedure Act and all other enabling provisions of the law” prays that he be allowed to file a Notice of Appeal and appeal out of time against the judgment and order of the High Court at Kerugoya B. N. Olao J dated 24th February 2014 in HCCC No. 518 of 2013. The learned Judge had by a ruling on a preliminary objection raised by the respondents herein, who were the defendants before him, dismissed the applicant’s suit for being res judicata. In doing so, the learned Judge accepted that what was before him had been previously litigated and determined in Nairobi E.L.C. No. 440 of 2007 (previously filed as Nairobi HCCC No. 1731 of 2001), Kerugoya LDT No, 17 of 2007, Kerugoya SRM case No. 101 of 1992 and Wanguru Succession case No. 35 of 1997.
The application is premised on four grounds appearing on its face as fol…