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Joseph Lenduse Eldaisaba & 2 others v. Paul Gugo Leswagey & another

(2017) JELR 100668 (CA)

Court of Appeal  •  Civil Application 39 of 2017  •  1 Nov 2017  •  Kenya

Coram
Fatuma sichale

Judgement

RULING OF THE COURT

JOSEPH LENDUSE ELDAISABA, DANIEL LENDUSE ELDAISABA and MIKE LENDUSE (hereinafter ‘the applicants’) have filed a Notice of Motion dated 14th March, 2017 seeking orders THAT:-

(i) The time for filing a Notice of Appeal and the entire appeal against the Ruling of the superior court in ELC No 66 of 2013 against the Ruling delivered on the 10th day of December, 2014 by Hon L.N. Waithaka be extended and/ or enlarged.

(ii) The Notice of Appeal filed and served on the 6th December, 2016 be deemed as filed and be admitted within the time extended by the court.

(iii) There be a stay of execution pending appeal from the Ruling of the Court delivered on 10th December, 2014.

The applicants are desirous of obtaining the said orders with view to reversing the Ruling and Orders of the superior court which were favourable to PAUL GUGO LESWAGEY (hereinafter ‘the 1st Respondent’) and THE COUNTY COUNCIL OF NAKURU ( hereinafter ‘ the 2nd Respondent’).

The application is premised on SECTION 3…

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