RULING OF THE COURT
On 8th day of March, 1996 the learned single judge of this Court (Lakha J.A.) dismissed with costs an application by Mwanzi Road properties Limited (the applicant) for extension of time to file a notice of appeal and record of appeal out of time. That application was filed on 22nd day of February. 1996. The filing of the said application came as a result of the appeal filed the applicant being struck out as being incompetent since it did not include a certified copy of the decree appealed against as mandated by rule 185(1)(h) of the Court of Appeal Rules (the Rules).
The brief history of the matter is that the first respondent (Mr. Marna Muchiri) had sued the second respondent (Gilbert Road Properties Limited) in the superior court seeking Orders that property known as plot L.R. 1370 situate in Nairobi (the suit property) be vested in him, he having acquired title thereto by adverse possession from the second respondent. On 5th day of October, 1993 the superior court…