WILSON CHEBOI YEGO V. SAMUEL KIPSANG CHEBOI

RULING

1. The applicant, Wilson Cheboi Yego, has applied under Rule 4 of the Rules of the Court for the time within which he ought to have lodged and served a notice of appeal to be extended; that a notice of appeal dated 21^st April 2016 lodged in Court on 22^nd April 2016 be deemed to have been duly lodged and served; and that the time for lodging the memorandum and record of appeal be extended. He intends to challenge the decision of the High Court at Eldoret in HCCC No. 144 of 2002 dated 22^nd July 2015 that decreed a portion of approximately 2 to 3 acres should be hived off from the applicant’s property known as Title Number Elgeyo/Marakwet/Kapsowar/428 and be registered in the name of the respondent.

2. Appearing for the applicant, learned counsel Mr. Wambua Kigamwa, referred to the grounds appearing on the face of the application and the affidavit in support and submitted that the judgment of the High Court was delivered without notice to the parties; that the applicant only became …