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Andrew Kiptanui Sang as administrator of the estate of Theophilus Kipsang Lelei v. Jacob Kibitok Birech, Daniel Kimaru Maritim, Benjamin Kiprop Arap Koech & Kipkasio Arap Keter (Mugeiyot Farm Directors)

(2020) JELR 105569 (CA)

Court of Appeal  •  Civil Appeal 131 of 2018  •  20 Nov 2020  •  Kenya

Roselyn Naliaka Nambuye, Daniel Kiio Musinga, Stephen Gatembu Kairu



1. This appeal arises from a ruling of the Environment and Land Court (ELC) (E. Obaga, J.) given on 20th January 2017 which allowed the respondents’ application (dated 27th January 2014) for extension of time within which to appeal a decision of the Rift Valley Provincial Land Disputes Committee.

2. Counsel for both parties dispensed with appearance during the hearing of the appeal and relied entirely on their respective written submissions. For the appellant, represented by the firm of Kiarie and Company Advocates, it was urged that the Judge erred in granting extension of time as the respondents had no right of appeal; that with the repeal of the Land Disputes Tribunal Act which provided for appeals to the High Court under Section 8(9) thereof, the right of appeal was lost; that under Section 30 of the Environment and Land Court Act, it was only a matter that was pending in court by the time of the repeal of the Land Disputes Tribunal Act that could thereafter be…

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