RULING
The applicant Stephen Ngala seeks extension of time under Rule 4 of the Rules of this Court for:
1 filing and serving a notice of appeal
2 filing and serving the memorandum of appeal and the record of appeal
3 applying for a copy of uncertified proceedings in the superior court.
The application is supported by both the affidavit of the applicant to which several documents are annexed and the affidavit of Japheth Asige, his advocate.
On June 1997 the applicant filed a suit against the respondents being civil suit NO. 2425 of 1997 before Chief Magistrate’s court Mombasa. He averred in the plaint that the respondent who owns plot No. Mombasa/Block XVIII/1288 which is adjacent to applicant’s plot No. Mombasa/Block XVII/1289 had trespassed on the applicant’s land and constructed a building on part of the applicant’s plot. The reliefs sought in the plaint were a permanent injunction to restrain the respondents from erecting and constructing and continuing to erect structures on part of the…