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(2016) JELR 103218 (CA)

Court of Appeal  •  Civil Application 21 of 2016  •  25 Nov 2016  •  Kenya

Stephen Gatembu Kairu



1. By an application dated 31st December 2015, the applicant, Cheptula Tongelach, seeks leave under Rule 4 of the Rules of the Court to file and serve a notice of appeal out of time. She seeks 21 days to do so. She intends to challenge a decision of the High Court “delivered on 7th April 2014 and the consequential eviction order issued on 22nd October 2014.”

2. Appearing for the applicant, learned counsel J. O. Samba, referred to the grounds in support of the application and the supporting affidavit sworn by the applicant. The applicant says that she was one of the plaintiffs in Kitale High Court Civil Case No. 5 of 2006; that in that suit she complained that the respondent as owner of plot No. 52 had trespassed on plot numbers 51 and 54 situated at Kapsait, West Pokot and sought an order for the District Surveyor, West Pokot to rectify the boundaries between plots 51, 52 and 54. The applicant stated further that the suit was settled and a consent judgment recorded following the …

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