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Geoffrey Matoke v. Moraa Masare, Jemimah Masare Bwari Masare, Evans Samwel Mochache Masare & Peter Mokebo Miencha

(2019) JELR 98346 (CA)

Court of Appeal  •  Civil Application 49 of 2018  •  20 Nov 2019  •  Kenya

Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage



1. By way of Notice of Motion dated 14th May 2018, the applicant has moved this Court under the provisions of Rules 42 and 83 of the Rules of this Court to deem the Notice of Appeal dated 25th June 2013 filed in Kisii High Court Civil Appeal No. 44 of 2010 as having been withdrawn.

2. The ground in support of the Motion is stated on the face thereof and in the supporting affidavit of the applicant. It is deposed that the respondents filed a Notice of Appeal at the High Court in Kisii in the Civil Registry on 25th June 2013. That subsequent to the filing of the Notice of Appeal, the respondents have failed to lodge the intended appeal within the prescribed sixty-day period. That the respondents’ advocates were supplied with the certified copies of the court proceedings and judgment on 7th July 2017. That despite receiving the certified copies, the respondents have taken no steps to lodge the record of appeal within the requisite time.

3. In opposing the instant applica…

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