WINSTON MAKOKHA V. AGGREY WANJALA MUSIMA

RULING OF THE COURT

1. By his application dated 20^th June 2011, and filed in Court on 28^th June 2011, the applicant seeks extension of time within which to file and serve a notice of appeal. He intends to challenge a judgment delivered on 8^th March 2011 by the High Court at Bungoma dismissing his suit, HCCC No. 41 of 1996 (OS), against the respondent. Although the pleadings in that suit are not part of the record of the application before me, it emerges from the judgment of the High Court that the applicant sought orders to be declared the owner, through adverse possession, of the respondent’s properties known as Title Numbers E. Bukusu/N. Sang’alo/2866, 2867 and 2868.

2. When the application came up for hearing before me, learned counsel for the applicant Mr. E. O. Kweyu referred me to the application and the supporting affidavit. He urged that following delivery of the judgment by the High Court on 8^th March 2011 the applicant filed a notice of appeal on 14^th March 2011; that the appl…