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National Land Commission v. Salome Munubi, Fibian Lukalo, Francis Mugo, Leonard Omullo & Mohammad Swazuri

(2020) JELR 98527 (CA)

Court of Appeal  •  Civil Application 96 of 2020  •  24 Apr 2020  •  Kenya

Coram
Fatuma sichale

Judgement

RULING OF THE COURT

The applicant, the National Land Commission (NLC) filed a Notice of Motion application dated 17th March, 2020.

In the motion, the applicant sought to have the Notice of Appeal filed on 15th October, 2019 be deemed as duly filed and to be allowed to file the record of appeal out of time.

It was contended that the 1st to 4th respondents were directors of the applicant and their terms of contract expired on 19th February, 2019; that judgment of the ELRC was delivered on 24th May, 2019; that the terms of office of the Commissioners expired on 19th February, 2019 and there was no one to issue instructions for the filing of an appeal (or otherwise) until the Chairman of the NLC was gazette on 14th October, 2019.

The motion was opposed. In the 1st to 4th respondent’s submissions dated 10th April, 2020, it was contended that there was no sufficient reason for the delay in filing the Notice of Appeal as the Ag. CEO continued to issue instructions to NLC lawyers. It was contende…

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