PAUL WANJOHI MATHENGE
V.
DUNCAN GICHANE MATHENGE

RULING

Before me is an application dated 24^th February,2010 brought pursuant to order Rule 4 of the Court of Appeal Rules (the Rules) wherein the following orders were sought:-

1. That this Honourable court be pleased to grant the applicant extension of time to lodge the Notice of Appeal out of time in High Court Succession Cause No. 139 of 1999.
2. That the cost of the application be provided for.

The grounds upon which the applicant relies on in support of his application are that firstly, the judgment of the High Court which is the subject of the intended appeal was delivered on 21^st April, 2008; and that at that time the applicant was ill and could not lodge the Notice of Appeal in time. Secondly, that the intended appeal has high chances of success because the High Court erroneously ordered parcel no. Gatarakwa/Gatarakwa/Block 111/785 to be transferred to him while in actual fact the said parcel belongs to a third party who was not subject of the succession proceedings; and further the Hi…