JUDGMENT OF THE COURT
Background
1. This appeal arises from the ruling and order delivered in the High Court in H.C Misc Application No. 80 of 2004. The ruling was on a chamber summons application dated 22nd December 2004 by the appellant, CHRISTOPHER MURIITHI NGUGU, seeking leave from the Court to appeal against the judgment delivered by the High Court on 22nd September 2003 in Succession Cause No. 278 of 1994. The application was premised on the grounds that: the appellant has a meritorious appeal; that the appellant has been eager to pursue the appeal; that the delay in filing the appeal is not inordinate and was occasioned by the laxity of the previous counsel of record; and that the subject matter of the suit is a parcel of land which the appellant is heavily invested in .
2. A short summary of the dispute that resulted in the judgment is that LR NO. BARAGWE/THUMAITA/1207 [the suit property], measuring 13⁄4 acres was subdivided and registered in the names of the appellant and James …