ZIMMAN SETTLEMENT SCHEME THROUGH GLADYS NYOKABI, JOSEPH WERU & EDWIN ODALLO V. EAST AFRICAN SISAL ESTATES LIMITED, MUIGAI & OTHERS

RULING OF THE COURT

1. The applicants’ application dated 30^th June, 2008 seeks extension of time to file and serve the record of appeal, and substitution of Gladys Nyokabi and Joseph Weru (both deceased), with Daniel NjorogeKamau and Edwin Odallo, who are officials of Zimman Settlement Scheme. The application was brought under rules 1(2), 4 and 42 of the Court of Appeal Rules.

2. The application was supported by an affidavit sworn by Daniel Njoroge Kamau, the secretary of the 1^st applicant. In a nutshell, on 16^th July, 2004 the applicants obtained a decree against East Africa Sisal Estates Limited, the 1^st respondent, in HCCC No. 1035 of 2003. Their case was founded on the doctrine of adverse possession.

Subsequently, the applicants applied for amendment of the decree, which was done on 30^th September, 2004.

3. The 2^nd respondent, being aggrieved by the amended decree, filed an application to have the amended decree set aside and discharged and the entire suit struck out. The application …