R U L I N G
The applicant, Samuel Mugo Karanja, seeks leave to file his record of appeal out of time. The application before me is stated to be brought under rules 4 and 42(2) of the Rules of this Court (the Rules).
On 10th May, 2000 the superior court (Commissioner of Assize P.J. Ransley Esq.) delivered judgment against the applicant whereby a property known as L.R. NO. 36/II/126 was ordered to be transferred to the respondent. The applicant was the registered proprietor of the said property and the respondent was declared to be the owner thereof by virtue of adverse possession. The respondent is in possession of the suit property. Two suits, that is, H.C.C.C. 1344 of 1999 and H.C.C.C. NO. 1405 of 1999 were consolidated and the decree issued encompasses both the said suits.
The applicant's notice of appeal was filed on 15th May, 2000 and served on the respondent's advocate. That was all in good time. The applicant's advocates applied for certified copies of proceedings and judgment by t…