ROBERT WALUSEKHE WASIKANA V. JOHN DIANGA OBASO (SUING AS GUARDIAN AD LITEM OF SAMUEL AWOUR TONGO)

R U L I N G

By a Notice of Motion dated 3^rd March 2016, Robert Walusekhe Wasikana, the applicant applied under Rule 4 of the Court of Appeal Rules 2010 for time to be extended to file and serve a Notice of appeal against a judgment of Obaga J., dated 1^st December 2016.

In the dispute the applicant claimed that he had entered into a sale agreement with the respondent on 15^th January 2008 for the purchase of a portion of Sinyerere/ Kipsaina Block 2/Kipsogen 467 comprising 7.4 acres from the respondent. The respondent’s case is that no such sale took place.

The learned judge found that the agreement was invalid and unenforceable, and that the applicant was in illegal occupation of the respondent’s land.

The applicant, brings this Motion on various grounds, more particularly that, he did not receive notice of the date of delivery of the judgment; that the judgment was delivered in the absence of both parties to the suit and their advocates; that he was aggrieved by the judgment and intends to…