RULING
1.Before me is a Notice of Motion dated 3rd July, 2019 brought under Rule 4, of the Court of Appeal Rules and all other enabling provisions of the law. It seeks orders as follows:
“THAT the applicant be granted leave to appeal out of time against the whole judgment and decree of the Honourable Justice J. G. Kemei delivered on 29th day of November, 2018 in the Environment and Land Court at Murang’a in ELC No. 102 of 2017.
THAT upon grant of leave to appeal out of time, the Notice of Appeal and Memorandum of Appeal annexed hereto be deemed as duly filed and served.
THAT the Honourable Court be pleased to stay execution of the said judgment pending the hearing and determination of the application inter partes.
Such further or other orders be made as are just and expedient for purposes of facilitating justice to the applicant.
THAT the costs of the application be provided for.
2.It is supported by grounds on its face, a supporting affidavit sworn by Robert Macharia Mwangi, the applicant t…