RULING OF THE COURT
This is a reference to the full Court from the decision of a single judge (Onyango Otieno, J.A.) delivered on 5th December 2008 in which the learned single judge declined to grant the applicant, Hezekiah Michoki, an extension of time under Rule 4 of this Court’s Rules within which to file an appeal out of time against the judgment of Bauni, J.
The applicant had been aggrieved by the decision of the High Court which had declared that the parcel of land know as Title No. Gesima/149 (the suit land) belonged to the respondent, Elizaphan Onyancha Ombongi, and restrained the applicant from interfering with the respondent’s peaceful and quiet possession of the suit land.
The application that was before the single judge was premised on a Notice of Motion dated 16th July 2008 and sought orders that;
1. That the applicant be given leave to serve the Notice of Appeal dated 23rd October 2007 and received at Kisii High Court on the even date out of time.
2. That the applicant be gr…