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Karny Zahrya & Rose Wanja Murege v. Shalom Levi

(2018) JELR 100225 (CA)

Court of Appeal  •  Civil Application 80 of 2018  •  20 Sep 2018  •  Kenya

Coram
Martha Karambu Koome

Judgement

IN THE COURT OF APPEAL

AT MOMBASA

CORAM: KOOME J.A (IN CHAMBERS)

CIVIL APPLICATION NO. 80 OF 2018

BETWEEN

KARNY ZAHRYA .....................................................1ST APPLICANT

ROSE WANJA MUREGE ....................................... 2ND APPLICANT

AND

SHALOM LEVI ............................................................RESPONDENT

(Being an application for extension of time within which to file the record of appeal against the Judgment and Decree of the Environmental and Land Court at Mombasa (Omollo J.) delivered on 11th March, 2016

in

E&LC Case No. 460 of 2010)

*********************

RULING

[1] The application for determination herein is dated 15th February, 2018; in which the applicants pray for leave to file their record of appeal out of time. The intended appeal seeks to impugn the judgment delivered on 11th March, 2016 by Omollo, J. According to the applicants, the delay in instituting their appeal was occasioned by their absence from the country. They also contend that an a…

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