MICHAEL NJUGUNA NJOROGE V. RUTH WANJIKU KAMAU, CYRUS KOMU CHEGE & LAND REGISTRAR KIAMBU

RULING OF THE COURT

[1] By a Notice of Motion dated 13th March 2017, Michael Njuguna Njoroge the applicant herein, moved the Court under Rule 4 of the Court of Appeal Rules (the Court Rules) for leave to file a notice of appeal and a record of appeal out of time, against the order made in HCCC No 912 of 1975 by Mugo J, dismissing the applicant’s suit. In accordance with Rule 53(1) of the Court Rules, the applicant’s motion was heard by a single Judge (Githinji JA). In a considered Ruling delivered on 18th May 2018, the single Judge dismissed the applicant’s motion.

[2] The applicant who is dissatisfied with the ruling of the single Judge has sought the intervention of a 3 Judge Bench under Rule 55(1)(b) of the Court Rules. In urging the full Bench to allow his motion and set aside the orders made by the single Judge, the applicant through his counsel Mr. Mwangi JT, submitted that by dismissing the motion the single Judge failed to appreciate the gravity of the matter, and that in effect…