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MOI TEACHING & REFERRAL HOSPITAL BOARD,ATTORNEY GENERAL & MINISTER FOR HEALTH V. UASIN GISHU MEMORIAL HOSPITAL LTD,MINISTER FOR HEALTH,ATTORNEY GENERAL & MOI TEACHING & REFERRAL HOSPITAL BOARD

(2019) JELR 97368 (SC)

Supreme Court  •  Civil Application 16 & 25 of 2018 (Consolidated)  •  29 Apr 2019  •  Kenya

Coram
David Kenani Maraga, Isaac Lenaola, Mohammed Khadhar Ibrahim, Philomena Mbete Mwilu, Smokin C Wanjala

Judgement

RULING

[1] By its Notice of Motion dated 18th June 2018, Moi Teaching and Referral Hospital Board (the 1st Applicant) seeks orders under Articles 159 and 163(4) of the Constitution, Sections 3, 14(5), 19, 21 (3), 31 (d) and (g) of the Supreme Court Act, Rules 17(3), 23, 31, 32, 33, 34 and 53 of the Supreme Court Rules 2013 (sic) and all other enabling provisions of law, for an extension of time to file a Notice of Appeal against the judgment of the Court of Appeal delivered on 6th October 2017.

[2] By their Notice of Motion dated 26th July 2018 (the 2nd application), the Minister for Health and the Attorney General also seek more or less the same orders.

[3] The subject matter of the suit giving rise to this application are Title Nos. Eldoret Municipality Block 7/125 and 126 (the suit property) (Original L.R. No. 2958 Eldoret Municipality) over which there has been an ownership tussle since 1998 pitying the applicants against the 1st respondent.

[4] The 1st application is based on the gro…

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