JOHN FRANCIS MUYODII V. BUSIA COUNTY COUNCIL,RAPHAEL OJWANG - CHAIRMAN,BOB MUNIALO - CLERK & JACKSON AMUKE - TREASURER

RULING OF THE COURT

This is a reference to full Court under Rule 54 (1) (b) of the Court of Appeal Rules from the ruling of a single Judge (Aganyanya, J.A.) dated 22^nd May, 2008 dismissing an application under Rule 4 of the Court of Appeal Rules for extension of time for filing both the Notice of Appeal and the Record of Appeal.

The applicant intends to appeal against the decision of the superior court, Mitey, J dated 8^th May, 2003 dismissing the applicant’s suit H.C.C.C. No. 108 of 2000 (O.S.) on the ground that the applicant had no capacity to bring the suit as he had not obtained a grant of letters of administration to the estate of his deceased father Lawrence Ongoma Makokha.

By the suit, the applicant sought to recover land parcel No. Marachi/ Elukhari/944 comprising of 0.487 Hectare on which Butula market stands which respondents allegedly grabbed. The applicant claimed that his deceased father was authorized by Busia County Council to establish Butula Market on his said land “in r…