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MARY WARUGA WOKABI,GEORGE LWANGA KORONTO,BERNAND WOKABI WARUGA & JOSEPH NJUGUNA WARUGA V. JACOB MWANTO WANGORA

(2019) JELR 99218 (CA)

Court of Appeal  •  Civil Application 352 of 2018 (Ur 286/2018)  •  24 May 2019  •  Kenya

Coram
Milton Stephen Asike Makhandia

Judgement

R U L I N G

The instant application is expressed to be brought pursuant to Rule 4 and Rule 5 (2)(b) of the Court of Appeal Rules. The applicants have further invoked Article 159 (2) (d) (e) of the Constitution and sections 3A and 3B of the Appellate Jurisdiction Act. The applicants’ substantive prayer is that they be granted leave to appeal out of time against the judgment and decree of the Environment and Land Court (ELC) at Kajiado, delivered by Christine Ochieng, J. on 18th April 2018 in ELC Case No. 635 of 2017 (OS).

In their affidavit in support of the application, the applicants depose that on 26th April 2018, their previous advocates, Messrs J.O Agata and Company Advocates, lodged a notice of appeal against the aforesaid judgment and decree. They state that they were, however, unable to pay the high fees demanded by the advocate to pursue the appeal on their behalf and so they approached Kituo cha Sheria for assistance. Kituo cha Sheria, on accepting the instructions, similarly f…

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