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Munir Abubakar Masoud (as members of Tawheed Muslim Association) v. Ali Abdalla Salim & Ali Yislam Ali Bashamakh

(2019) JELR 98819 (CA)

Court of Appeal  •  Civil Application 15 of 2018  •  20 Mar 2019  •  Kenya

Coram
Wanjiru Karanja

Judgement

IN THE COURT OF APPEAL

AT MALINDI

(CORAM: KARANJA, JA.)

CIVIL APPLICATION NO. 15 OF 2018

BETWEEN

MUNIR ABUBAKAR MASOUD

(AS MEMBERS OF TAWHEED MUSLIM ASSOCIATION............APPELLANT

AND

ALI ABDALLA SALIM.............................................................1ST RESPONDENT

ALI YISLAM ALI BASHAMAKH..........................................2ND RESPONDENT

(An application to strike out the Record of Appeal from the Judgment of the Environment and Land Court (Angote, J.) 15 th October, 2017

in

E.L.C. No. 78 of 2015.)

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

RULING

1. This is a Rule 4, Court of Appeal Rules, application seeking extension of time within which to file and serve the record of appeal which has already been filed out of time. The circumstances leading to this application are quite unique and bear revisiting.

2. The applicant, who is a layman by any standards but who appears quite knowledgeable in matters of law and procedures of this Court was sued along with another in their capacity as members of Tawheed Muslim As…

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