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JOSEPH CHEPKOECH CHEMOR V. KIMAIYO CHEMOR & BARNABA CHUMO CHEMOR

(2015) JELR 97508 (CA)

Court of Appeal  •  Civil Appeal (Application) 27 of 2015 (Ur 74/2013)  •  29 Oct 2015  •  Kenya

Coram
Agnes Kalekye Murgor

Judgement

R U L I N G

This application relates to a Notice of Motion dated 24th April 2015 seeking orders for extension of time to be granted under Rule 4 of the Court of Appeal Rules 2010 within which to file and serve a Notice and of appeal out of time against a ruling of Sila Munyao J, delivered on 25th September 2014.

In the Notice of Motion the applicant prayed for the following orders:

That the time limit to file and serve the Respondents with the Notice of Appeal be enlarged or extended to allow the filing and serving of the same within such time as the court shall deem fit.

A stay of execution and any further proceedings arising out of the decision the Honourable Munyao Sila Judge given at Eldoret on 25th day of September 2014 at Eldoret in the Eldoret Environmeny and land case No. E and LC No. 499 of 2012 between Kimaiyo Chemor and Barnaba Chumo Chemor (Plaintiffs) versus Joseph Kipkoech Chemor (Defendant) pending the hearing and determination of this application and/or until the intended …

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