RULING
Tito Kenyatta, the applicant, by a motion on notice filed on June 21, 1984, expressed to be brought under rules 4 and 42 of the Court of Appeal Rules (cap 9), moves for orders that he be allowed to file an appeal out of time from the judgment of Mr Justice Mbaya in the High Court at Eldoret on May 7, 1982, and that if he succeeds the costs of this should abide the result of the appeal. Joseph Gathitu Karenju, the respondent, opposes all this.
The motion is supported by two affidavits of Charles Joseph Oduor Magina, the applicant’s present advocate, filed on June 21 and July 12 this year. There is an affidavit in reply from the respondent filed on September 27, 1984.
The respondent filed a plaint in the Resident Magistrate’s court Eldoret on December 1980 claiming Kshs 20,000 from the applicant.
He alleged he paid that sum to the applicant in 1969 for the transfer to him by the applicant of plot 71 in the Sango Settlement Scheme which is agricultural land. The local Land Control Boa…