OBADIA PETER KAIRARIA V. ANDERSON GITONGA JUSTACE, CECILIA CHURI SALESIO & RORLAND KIMATHI KANGA

RULING

The applicant, Obadia Peter Kairaria has brought by the Motion dated 9th May 2019, seeking the following prayers;

1. THAT this Honourable Court be pleased to grant leave to the Applicant to file and serve a Notice and Record of Appeal out of time.

2. THAT this Honourable Court be pleased to grant a stay of execution of the judgement and decree in the High Court of Kenya at Chuka No. 79 of 2017 Formerly Meru E&L no. 60 of 2012 delivered on 13th December, 2018.

3. Cost of this application be provided for.

On the face of it, the application is omnibus and is probably incompetent because an application under Rule 4 is heard by a single Judge while one under Rule 5 (2) (b) ought to be heard by a full bench. However, I will treat it as an extension of time application as it declares in its heading. I will ignore the prayer for stay of execution, over which I have no jurisdiction.

Over the years, this Court has devised sound principles to be applied in order to achieve a just decision on an…