RULING
1. The applicant, Sospeter Kiratu Mithiori, through the firm of C.M. Kingori Advocates, has by an application dated 31st July 2018 applied for enlargement of time for filing and serving the record of appeal. He intends to challenge a judgment delivered on 3rd October 2017 by which the Environment and Land Court (L. Waithaka, J.) dismissed his suit for a declaration that he is entitled to half share of a property known as Title Number Loc.8/Ngerere-Thombotho/565 registered in the name of his brother, Benson Mwangi Mithiori. He asserted, unsuccessfully, that his brother held title to that property under a customary trust. The Judge found no evidence to support that contention.
2. Although counsel for the applicant cited provisions of the Civil Procedure Act on the face of the application, it falls under Rule 4 of the Court of Appeal Rules in that an extension of time under the Court of Appeal Rules is sought. Such applications call for exercise of judicial discretion and although t…