RESTITUTAR MICERE THATHI (AS PERSONAL REPRESENTATIVE OF THE ESTATE OF THATHI FRANCIS MURUARIUA)
V.
WANGARI WAITHANJE & 2 OTHERS

RULING

This is essentially an application under Rule 4 of the Court of Appeal Rules (the Rules) seeking the following orders:-

(1) That time of service of notice of appeal and letter bespeaking proceedings be extended.

(2) Notice of Appeal and the letter bespeaking proceedings dated 28^th April, 2017 and served on 29^th August, 2017 be deemed as duly served within time.

(3) Time of filing and service of Record of Appeal be extended.

(4) The Record of Appeal dated 12^th January, 2018, filed on 15^th January, 2018 and served on 16^th January, 2018 be deemed as filed and served within time.

(5) Costs of this application be provided for.

The application is filed within the main appeal which was filed on 15^th January, 2018 and served on the respondents.

The appeal arose from the decision of the Environment and Land Court (Olao, J.) sitting in Embu, made on 21^st April, 2017. The three respondents had sought through an originating summons, that they be declared as the rightful owners of land parcel No. K…