GRACE JELEI BOIT V. SAMMY SOME KOSGEI

RULING OF THE COURT

This ruling relates to two applications. The first application is by the respondent in the appeal, Sammy Some Kosgei. It is dated 28^th March 2014 and was presented to Court on the same date. It seeks an order, essentially under Rule 82 of the Rules of the Court, to have the appellant’s appeal struck out on the grounds that the appeal was lodged out of time. In response to that application the appellant, Grace Jelel Boit, swore a replying affidavit on 27^th December 2014.

The second application is by the appellant. It is dated 20^th June 2014 and was presented to Court on 9^th July 2014. It is made under rule 4 of the Rules of the Court. It is for enlargement of time for the appeal to be admitted out of time. In response to that application the respondent, Sammy Some Kosgei, swore a replying affidavit on 31^st August 2014.

When the second application (a single judge application under rule 53 of the Rules of this Court) was scheduled for hearing before A. Visram JA, both pa…