RULING
On 20th May, 2019 the Environment and Land Court allowed the respondent’s originating summons with the result that it was declared to have acquired, by adverse possession, the title to land reference number 7785/1442, registered in the applicant’s name. In the result, the court directed the Land Registrar to rectify the register by cancelling the registration of the applicant as the proprietor of the property and instead to enter the name of the respondent as its new proprietor. The respondent was awarded the costs of the suit.
The applicant was aggrieved but did not take the first necessary steps to challenge the decision within 14 days of its delivery. Procedurally the applicant was required by Rule 75(2) of the Court of Appeal Rules to have given to the respondent a notice of its intention to appeal the decision.
Where a party fails to give a notice of intention to appeal, Rule 4 gives the Court the discretion to extend that time. It is a discretion exercised on behalf of the C…