RULING
In their application dated 18th August 2020, the applicants Simeon Patrick Hinzano and Kalume Hinzano Ngala seek orders under Rule 4 of the Court of Appeal Rules that they be granted leave to file a notice of appeal and a memorandum and record of appeal out of time. They intend to challenge a judgment of the Environment and Land Court (J.O. Olola, J.) delivered on 29th April 2020.
The brief background is that the applicants and the respondent, Mkutano Hinzano Ngala, are brothers. At the heart of the dispute are two properties, namely Kilifi/Takaye/Musoloni/294 and Kilifi/Takaye/Musoloni/608, left behind by their late father, Hinzano Ngala deceased. In the judgment the applicants intend to challenge on appeal, the ELC ordered the Kilifi County Land Registrar and Surveyor to ensure that the two properties are partitioned equally among the three brothers and that upon such partitioning, each of the brothers be registered as owners of their respective portions.
It is an established pr…