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ERIC KYALO MUTINDA V. FESTUS MWANGANGI MASILA

(2020) JELR 102390 (CA)

Court of Appeal  •  Nairobi Civil Application 259 of 2019  •  10 Jul 2020  •  Kenya

Coram
Stephen Gatembu Kairu

Judgement

RULING

1. The applicant Eric Kyalo Mutinda, has by application dated 26th July 2019 sought an extension of time, under Rule 4 of the Court of Appeal Rules, within which to file a notice of appeal or alternatively for his notice of appeal filed on 12th October 2018 be admitted and be deemed to be properly filed. He also seeks an extension of time within which to file his memorandum and record of appeal. He intends to appeal against the judgment of the Environment and Land Court in ELC Case Number 190 of 2008 which was delivered at Machakos on 12th October 2018.

2. The application, supported by his affidavit, is based on the grounds that although he promptly filed a notice of appeal on 12th October 2018, that notice “has been overtaken by events in view of the fact that the record of appeal and a memorandum of appeal were not filed within the statutory 60 days of filing the notice of appeal.”; that his advocates applied for typed proceedings but the same were not supplied until 19th June…

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