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JACOB MWANZI INYUMBA V. ELLAM NYAMBOKA ONDURE

(2019) JELR 97406 (CA)

Court of Appeal  •  Civil Application 98 of 2019  •  28 Nov 2019  •  Kenya

Coram
Patrick Omwenga Kiage

Judgement

RULING

The applicant Jacob Mwanzi Inyumba asks me by his motion dated 13th August, 2018 brought under Rule 4 of the Rules of this Court for orders that;

“c) This Honourable Court be pleased to grant the applicant an extension of time within which to lodge a Notice of Appeal and Record of Appeal against the judgment of Honourable Justice A. Ombwayo delivered on 30th May, 2019 in Eldoret Environment and Land Court Case No. 894 of 2012 - Jacob Mwanzi Inyumba -vs- Ellam Nyamboka Ondore.

d) The Notice of Appeal attached herein be deemed as duly filed.”

Grounds appearing on the face of the motion include the following;

“2. The applicant was unable to lodge an appeal within the prescribed period on account of his serious and debilitating illness which necessitated prescription of a prolonged bed rest for medication during the months of June and July, 2019;

3. The applicant was financially drained as he had spent a lot of money as legal fees during the period he had appointed advocates to act for h…

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