RULING
The applicants, Bintomari Jumaa Gogo and Hamisi Amri Mazu, are the personal representatives of Amri Mchoro Mwamuri, deceased who died on 13th May 2020. In their application before me dated 18th May 2021 made under Rule 4 of the Court of Appeal Rules, they seek extension of time within which file and serve a notice of appeal and record of appeal to challenge a ruling of Environment and Land Court given on 16th July 2020 which struck out the deceased’s suit for adverse possession.
The principles governing applications of this nature as stated by the Supreme Court of Kenya in Nicholas Kiptoo Arap Korir Salat vs. IEBC & 7 others, Supreme Court Application No. 16 of 2014[2014] eKLR are that: extension of time is not a right of a party but an equitable remedy available to a deserving party at the discretion of the court; that the party seeking extension of time has the burden to lay a basis to the satisfaction of the court; that extension of time is a consideration on a case to case ba…