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BARNABAS MUNGO LONGIT V. STANLEY TANUI

(2016) JELR 105804 (CA)

Court of Appeal  •  Civil Application 36 of 2016  •  24 Nov 2016  •  Kenya

Coram
Daniel Kiio Musinga

Judgement

R U L I N G

1. On 17th September, 2015, judgment in Kitale ELC Case No. 16 of 2012 was delivered. The dispute in the said case was over a parcel of land known as LR. No. Cherangany/Kapkanyor/55 (the suit land). The suit was determined in favour of the respondent. The court ordered that the applicant be evicted from two acres of the suit land that he was occupying.

2. Being aggrieved by that decision, the applicant in person wrote to the trial court’s deputy registrar a letter that he personally signed, seeking to be supplied with certified copies of the said judgment.

3. A notice of appeal was filed on 7th October, 2015. The respondent’s advocate filed an application to strike out the notice of appeal for having been filed and served out of time. The application was allowed on 16th February, 2016.

4. On 16th May, 2016 the applicant filed an application under rule 4 of this Court’s Rules seeking extension of time to file an appeal out of time.

5. The affidavit in support of the said applica…

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