R U L I N G
1. In the application dated 9th February 2024, the applicant, Francis Musyoka Muthui, seeks leave to file and serve an appeal out of time from the judgment in Kitui ELC (O.S) 15 of 2021 dated 21st September, 2023. The application is brought under Article 159 of the Constitution, section 3A of the Appellate Jurisdiction Act, Cap 9 Laws of Kenya and rules 1(2), 4 and 47 of the Court of Appeal Rules, 2010 (rules 1(2), 4 and 49 of the 2022 Rules).
2. In the grounds and affidavit in support of the application, the applicant avers that the impugned judgment was entered on 21st September, 2023 in favour of the respondent, imposing an obligation upon him to cede a substantial portion of the suit property known as Matinyani/Matulu/716 to the respondent, and the respondent has commenced execution of the said judgment. The appellant states that he was aggrieved by the judgment and that he filed a Notice of Appeal on 5th October, 2023, within the set timeline.
3. He avers that he is, ho…