REPUBLIC OF KENYA
IN THE COURT OF APPEAL
AT KISUMU
(CORAM: OMOLO, J.A (IN CHAMBERS)
CIVIL APPLICATION NO. NAI. 141 OF 2004
BETWEEN
WALTER AWUOTH AYUGI ................................................ APPLICANT
AND
HESBORN SULE OKOTH ................................................ RESPONDENT
(Application for leave to file and serve notice and record of appeal out
of time in an intended appeal from the ruling and orders of the High Court
of Kenya at Kisumu (Tanui, J) dated 11th November, 2003
in
H.C. Misc. C. Case No. 70 of 2003)
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R U L I N G
Though the notice of motion before me was very vigorously contested, the issue for me to determine is really very narrow. The applicant, Walter Awuoth Ayugi, wishes to appeal against the orders of Tanui, J made on 11th November, 2003. By those orders, the learned Judge quashed the decision of a Special District Commissioner made in favour of the applicant on 2nd October, 2002. One thing is certain from the record before me, and that is t…