FRANCIS ORIOSA ORANGO
V.
JOSEPH MATO NGOKO

R U L I N G

This is an application under Rule 4 of the Court of Appeal Rules for two orders namely, that the applicant be given leave to lodge and serve the Notice of Appeal out of time against the whole decision of the superior court given on 16^th May, 2008 and that the applicant be granted leave to file and serve a record of appeal out of time against the judgment or ruling of the superior court made on 16^th May, 2008.

The applicant intends to appeal against the Ruling of the superior court (Musinga, J.) dated 16^th May, 2008 in H.C.C.C. NO. 267 of 1996 whereby the superior court ordered that the suit be determined in terms of the Land Registrar’s report filed in court on 23^rd November, 2007.

Sometime in 1996, the applicant filed a suit at High Court Kisii H.C.C.C. NO. 267 OF 1996 against Joseph Mato Ngoko (Respondent) (1^st Defendant in the suit) , and Ambrose Bwoma Boruma (as 2^nd defendant). He averred in the plaint that he was the registered proprietor of land title No. Nyaribari Chac…