RULING
By a Notice of Motion dated 22nd June 2011 M/s Waribu Chongo seek two orders under rule 4 of the Court of Appeal Rules 2010 (the rules) that:-
“1. That the Honourable Court may be pleased to grant the applicant, leave for extension of time to file an appeal out of the stipulated time from the judgment of the High Court of Kenya at Nyeri by Justice J. K. Sergon dated 17th day of September 2010.
2. That the costs of and incidental to the application do abide the outcome of the intended appeal.
The Applicant herein, Mr. Waribu Chongo, by a plaint dated 8th August 2006 sued the respondent, Mr. Benson Maina Gathithi, in the Resident Magistrates Court at Muranga being SPMCC No. 265 of 2006 claiming inter alia
(a) A declaration that all the blue gum trees growing at the common boundary of land parcel No. LOC.8/Matharite/300 and LoC.8/Matharite/301 belong to the plaintiff and compensation at the market value of the cut down 15 blue gum trees.
(b) Costs of the suit.
The learned magistrate ente…