RULING
This is an application under rule 4 of the rules of this court for “leave to file a Notice of appeal and a Memorandum of Appeal out of time” . The applicants are Cliff Ongeri and Isaac Ongubo Kibwage who were the first two defendants in the superior court. A third defendant, one Joseph Kalunde, never responded to the suit and did not take part in the trial. They were all sued by Joseph Mutua Kyenze, the respondent before me, in the year 2004.
The claim by the respondent before the superior court was that he was the lawful owner of a plot of land in Syokimau Farm, in Athi River area, otherwise known as LR. NO. 12715/321, I.R Number 44738. In 1997 however, the two applicants colluded with the 3rd defendant and fraudulently transferred and registered their names under the Title. He sought orders for revocation of the names from the Title and reversion to his name. He also sought mesne profits for wrongful user and damages. The applicants filed their joint defence denying that the tr…