IN THE COURT OF APPEAL
AT KISUMU
(CORAM: OKWENGU, JA (IN CHAMBERS)
CIVIL APPLICATION NO. 38 OF 2019
BETWEEN
SIMEON OKINGO
RAPHAEL AKENDO OSURO
JAPHETH HAVI KIYAI
ALFRED WANDERA KABAKA
PHILIO OMSIMA SHIKUKU............................................................................APPLICANTS
AND
BENTER JUMA NYAKAKO............................................................................RESPONDENT
(An application for stay of execution of the judgment of the Environment and Land Court
at Kisumu (M. A. Odeny, J.) dated 24th June, 2019 in ELC Case No. 116 of 2014
Consolidated with ELC Case No. 160 of 2014 O.S)
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RULING
[1] By a notice of motion dated 6th March, 2020, the applicants have moved this Court under rule 4 of the Court of Appeal Rules, for leave to file and serve a notice of appeal and record of appeal out of time. The motion was inadvertently listed before a three-judge bench but was instead, with the consent of my two colleagues, heard by myself as a single ju…