R U L I N G
This is an application under Rule 4 of the Court of Appeal Rules (Rules) for extension of time within which to file and serve a notice of appeal and a memorandum of appeal against the ruling of the superior court Ang’awa, J. delivered on 22nd May, 2007.
The dispute between the applicant and respondents (Church) relate to the ownership of L.R. No. 12948/272 (suit land) Mountain View Estate, Kangemi measuring approximately 0.00908 of a hectare or 0.224 of an acre.
On 27th February, 2003 the Church filed a suit against the applicants seeking, among other reliefs, a declaration that the suit land belongs to the church and a permanent injunction restraining the applicant from interfering with the church’s quiet possession. The church averred in the plaint, inter alia, that it was allocated the suit land by the Commissioner of Lands on 25th May, 2001; that the church accepted the allotment, paid requisite fees and developed the plot by constructing St. Joseph the Workers Catholic C…