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MURIELMA SHIRANDULA SANYA V. VINCENT OSUNDWA MAKOKHA

(2018) JELR 98809 (CA)

Court of Appeal  •  Civil Application 1 of 2018 (Ur No. 1/2018)  •  24 May 2018  •  Kenya

Coram
Hannah Magondi Okwengu

Judgement

RULING

[1] By a notice of motion dated 24th January, 2018, Murielma Shirandula Sanya (Applicant), seeks to have time extended to enable him file an appeal against the ruling and order made on 4th October, 2017, by the Land and Environment Court sitting at Bungoma in Land Case No. 140 of 2016 (formerly Kakamega HCC NO. 229 of 2012). The applicant also seeks leave to file the proposed appeal and an order for stay of the proceedings in the Land and Environment Case No. 140 of 2016.

[2] The applicant is the plaintiff in Land Case No. 140 of 2016. Judgment was entered in his favour on 19th May, 2014 by an application brought under section 3A 63(e) of the Civil Procedure Act and Order 10 rule 11 of Civil Procedure Rules the defendant in the land case sought to have the judgment that was entered against him and in favour of the applicant on 19th May, 2014 set aside and his defence filed out of time admitted to hearing.

[3] In the ruling delivered on 4th October, 2017, the learned judge (Mukunya…

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