R U L I N G
This application relates to a Notice of Motion dated 13th October 2014 seeking orders for extension of time to be granted under Rule 4 of the Court of Appeal Rules 2010 within which to file and serve a Notice of Appeal in an intended appeal against a judgment of Onyancha, J delivered on 9th April 2014.
The brief facts of the case are that the applicants are the beneficiaries and personal representatives of L R No. Dagoretti/Mutuini/559 (“the suit property”) registered in the name of Paul Kamau Njuguna (“the deceased”). The applicants filed Nairobi High Court Succession Cause No. 21 of 1999 seeking orders to evict the respondent, from the suit property which they said he was occupying illegally, unlawfully and wrongfully. The respondent in his defence contended that he was the beneficial owner of the suit property which was ancestral land, registered in the deceased’s name, being the eldest son of their grandfather, to be held on trust under customary law. The respondent stat…