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DANIEL KIILU NGOMO V. SIMON NGAO MBITHE

(2021) JELR 102926 (CA)

Court of Appeal  •  Civil Application E006 of 2020  •  19 Feb 2021  •  Kenya

Coram
Hannah Magondi Okwengu

Judgement

RULING

[1] The applicant Daniel Kiilu Ngomo has moved this Court under sections 3, 3A, 3B of the Appellate Jurisdiction Act and Rule 4 of the Court of Appeal Rules, by way of a notice of motion dated 9th July, 2020 seeking to have time extended in order to validate the notice of appeal that he had lodged on 5th June, 2019, and also to file his record of appeal against the judgment of the Environment and Land Court (ELC) (Angote, J), that was delivered on 25th May, 2018.

[2] In supporting affidavits sworn by the applicant and another sworn by his advocate, it is deposed that the notice of appeal was filed within time on 5th June, 2018, but the record of appeal has not been filed to date. This is because of a dispute between the partners in the firm of Mulondo, Oundo, Muriuki and Co. Advocates who were the advocates for the applicant in the ELC, which dispute resulted in the applicant’s file among others, being taken to a mediator, and it was not until the applicant’s current advocate, Mu…

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