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PETER KIRAGU MWANGI & 39 OTHER V. TSANGWA NGALA CHOME, TOWN COUNCIL OF MARIAKANI, KETRACO COMPANY LTD, MWABEJA, MWAMUNDU & MWAKAI CLANS, ATTORNEY GENERAL, NATIONAL LAND COMMISSION, KATEMBE NZEMBE LEWA & 13 OTHERS, OSCAR MUMO NZANAH & HAMISI YAWA & 34 OTHERS

(2019) JELR 95003 (CA)

Court of Appeal  •  Civil Application 16 of 2019  •  26 Sep 2019  •  Kenya

Coram
Agnes Kalekye Murgor JA

Judgement

RULING

By a Notice of Motion dated 27th March 2019 premised on sections 3A and 3B of the Appellate Jurisdiction Act and rules 4, 42, and 47 of the Court of Appeal Rules, the applicants sought orders for; (i) extension of time within which the applicants could lodge and serve a Notice of Appeal and be granted leave to file an appeal and or to participate in all pending appeals arising from the impugned judgment and ii) the affected parties to be granted leave to participate and be heard together with the other appellants or respondents in all appeals emanating from the judgment of the Environment and Land Court (Angote, J.) delivered on 19th July 2018.

The application was brought on grounds that the applicants did not participate in the ELC Case No. 243 of 2014 in the Environment and Land Court as they were unaware of its existence; that they are in possession and have been residing on various portions of all that parcel of land known as Kilifi/Madzimbani/Mitangoni/B/1 (the land parcel) …

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