TOM DAVID WANYONYI V. BEN MUKHWANA WEPUKHULU

RULING

On 17^th September 2013, the High Court at Kitale delivered judgment in a suit between the parties and ordered the eviction of the applicant from the respondent’s property known as title number Trans- Nzoia/Nyasi/49 on the basis that the applicant had no legal basis for occupying the same. The applicant was allowed three months to relocate from the land failing which the respondent would be at liberty to evict him. As already indicated that order was made on 17^th September 2013.

Intending to appeal that decision, the applicant filed the present application on 20^th January 2015. That is approximately sixteen months later, seeking an order that the time limited for filing and serving the Notice of Appeal and the Record of Appeal be enlarged.

The application is based on grounds set out on the face of the application, namely that the applicant filed an application for extension of time in the High Court on 18^th February 2014 (about five months after the decision intended to be challeng…