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JOEL TIROP BUSIENEI V. DAVID RANDICHI

(2016) JELR 104286 (CA)

Court of Appeal  •  Civil Application 30 of 2015  •  10 Mar 2016  •  Kenya

Coram
Daniel Kiio Musinga JA

Judgement
<p class="ql-align-center">RULING</p><p class="ql-align-justify">1. This application dated 2<sup>nd</sup> June, 2015 seeks extension of time for filing and service of the notice of appeal as well as the record of appeal.</p><p class="ql-align-justify">2. In the applicant’s affidavit in support of the application, he set out the brief history of the matter that gave rise to this application. He stated, <em>inter alia,</em> that in the High Court the respondent had filed a suit against him seeking to have a sale agreement between them in respect of land parcel number NANDI/KAMOIYWO/1114 <em>(“the suit land”)</em> rescinded and the applicant be refunded part of the purchase price. The respondent also sought to evict the applicant from the suit land.</p><p class="ql-align-justify">3. The trial court granted the orders sought. The part of the purchase price that was ordered to be refunded was Kshs.550,000/=. The sum was to be paid within 90 days from the date of the judgment, which was 10<sup>th</sup> July, 2014.</p><p class="ql-align-justify">4. The basis of the learned judge’s finding was that consent of the area Land Control Board in respect of sale of the suit land had not bee…</p>

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