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Mukuru Munge v. Gillied Mwanyazi

(2019) JELR 98850 (CA)

Court of Appeal  •  Civil Application 35 of 2019  •  26 Sep 2019  •  Kenya

Coram
Agnes Kalekye Murgor

Judgement

IN THE COURT OF APPEAL

AT MALINDI

CORAM: MURGOR, J.A.

CIVIL APPLICATION NO. 35 OF 2019

BETWEEN

MUKURU MUNGE...............................................................................APPLICANT

AND

GILLIED MWANYAZI.....................................................................RESPONDENT

(Being an application for extension of time to file and serve a Notice of Appeal and

Record of Appeal out of time from ruling of Environment and Land Court,

Omollo, J. delivered on 19th December, 2018 in

Mombasa Environment and Land Court Case No. 387 of 2016)

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

RULING

The applicant, Mukuru Munge is seeking leave under rule 4 of this Court’s rules to extend time to file a Notice and record of appeal out of time against a ruling of Omollo, J. delivered on 19th December 2018.

In this regard, the applicant filed a Notice of Motion dated 13th May 2019, premised on grounds that he was unable to file the Notice of Appeal within the prescribed time because after the ruling …

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