DANIEL MIGWI NJAI
V.
HIGHVIEW FARM LIMITED & ANOR

R U L I N G

The applicant seeks extension of time under Rule 4 of the Court of Appeal Rules for filing and serving a notice of appeal and for a further order that the notice of appeal annexed to the application be deemed to have been filed and served within such extended time.

The applicant intends to appeal against the ruling of the superior court (Osiemo J) dated 9^th October, 2008 whereby the superior court dismissed the applicant’s notice of motion dated 29^th June, 2006. The said notice of motion was mainly brought under Sections 3A and 34 of the Civil Procedure Act (CP Act)for the main orders:

“5. That the 2^nd plaintiff George Ndungu Mwichigi be restrained by himself, his agents and or servants from selling and or changing L.R. No. 11453/1 North East of Thika Municipality in Thika District until further orders ..........

6. That the transfer of the said L.R. No. 11453/1 be cancelled forthwith.

7. That the 2^nd plaintiff do deliver to the defendant the provisional title documents in resp…