This application originates from the land case before the
High Court whereby the applicant was declared rightful owner of the disputed
farm. Later, the first Respondent successfully filed another land case against
the applicant, whereby, Demello. J., declared the applicant a rightful owner.
The first Respondent filed a review before Mgeta. J., who reversed the decision
of Demello, J. Aggrieved, the applicant filed a notice of appeal against the
Ruling of Mgeta, J. As was in the process of drawing the appeal, the applicant
fell sick having suffered a severe stroke. Following the incapacitation due
illness made him not to embark on further steps subsequent to the filing of
notice of appeal and seeking to be supplied with necessary documents to pursue
the appeal, namely, Ruling, Drawn Order and Proceedings. Moreover, in the
process of drawing the appeal, it was discovered that, the notice of appeal and
applicant’s letter to the Registrar seeking to be supplied with necessary
documents for appeal were not served on the Respondents. Basing on this
backdrop, the Appellant has filed this application to be allowed to pursue the
process of appeal.