RU L I N G
[1] Before the Court, is a Notice of Motion dated 12th June 2018 seeking orders for leave to appeal out of time against the judgment of the Court of Appeal delivered on 29th May 2013; stay of execution of the orders of the Court of Appeal; this Court’s direction as to the filing of the Notice of Appeal; and costs. The application is supported by the Applicant’s affidavit sworn on 12th June 2018.
[2] The background to this matter is that, on the 14th of February, 1992, the respondent filed an Originating Summons at the High Court seeking orders of adverse possession of 5 acres out of 14 acres in parcel No. Abothuguchi/Githongo/1825, 1826 and 1827 (formerly Abothuguchi/Githongo/494) (the suit property) as against the applicant. The respondent is the daughter of the elder Kibunja who died in or about 1948. The said Kibunja, had two wives one of whom was the respondent’s mother who had no male child and the other being the applicant’s grandmother who had sons. Apparently, under M…