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RICHARD KIPKEMEI LIMO V. HASSAN KIPKEMBOI NGENY, LAND REGISTRAR €“ UASIN GISHU, CHIEF LAND REGISTRAR, ELDORET MUNICIPAL COUNCIL, ATTORNEY GENERAL & ENOCK KIBIWOT KIPTANUI

(2018) JELR 93708 (CA)

Court of Appeal  •  Civil Application 56 of 2018  •  8 Nov 2018  •  Kenya

Coram
Erastus Mwaniki Githinji

Judgement

RULING

[1] This is an application for extension of time for filing a memorandum of appeal and record of appeal and for an order that the memorandum of appeal and record of appeal already filed be deemed as duly filed.

The application is brought under Section 3A and 3B of the Appellate Jurisdiction Act, Rule 4 of the Court of Appeal Rules (Rules) and Article 48 of the Constitution of Kenya.

[2] The application is supported by the grounds on the body of the application. It is also supported by the affidavit of the applicant sworn on 14th May, 2018; a supplementary affidavit sworn on 16th August, 2018 and two affidavits of service sworn by Pella Amugune Tsisaga – a licensed process server.

The 1st respondent opposes the application on the grounds contained in his replying affidavit sworn on 29th May, 2018, and a further affidavit sworn on 2nd October, 2018. The 2nd, 3rd and 5th respondents oppose the application on the grounds contained in the grounds of opposition dated 12th September, 2018…

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