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MARGARET WAIRIMU KAIRU V. MICHAEL NJAU WANGO & SUPER MACRO VENTURES CO. LTD

(2021) JELR 99298 (CA)

Court of Appeal  •  Civil Application E399 of 2020  •  19 Feb 2021  •  Kenya

Coram
Stephen Gatembu Kairu

Judgement

RULING

1. The applicant, Margaret Wairimu Kairu, by an application dated 26th October 2020 seeks an order for extension of time within which to serve the notice of appeal and to file the record of appeal arising out of a judgment of the Environment and Land Court (Okong’o, J.) delivered on 5th May 2020. She also prays that the notice of appeal filed and lodged on 15th May 2020 be deemed to have been served within the extended period, and that the record of appeal filed on 26th October 2020 be deemed to have been filed and served within the extended.

2. At the center of the dispute is a property known as Title Number Ruiru Kiu Block 2/ 9041. By the said judgment, the ELC declared the Michael Njau Wango, the 1st respondent to be the owner of the said property; restrained the applicant from entering, interfering or dealing with the property; and granted the applicant 240 days to find alternative residence and vacate the property.

3. Aggrieved by that decision, the advocates for the applican…

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