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Simon Kiprotich v. James Kiptoo Chemjor

(2017) JELR 95262 (CA)

Court of Appeal  •  Civil Application 58 of 2016  •  16 Feb 2017  •  Kenya

Coram
Daniel Kiio Musinga

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT ELDORET

(CORAM: MUSINGA, J.A. (IN CHAMBERS))

CIVIL APPLICATION NO. 58 OF 2016

BETWEEN

SIMON KIPROTICH .................. APPLICANT

AND

JAMES KIPTOO CHEMJOR .... RESPONDENT

(Application to enlarge time within which the applicant can file and serve record of appeal against the judgment delivered by (Ombwayo, J.) dated 9th October, 2015 in Enviroment And Land Court Case No. 19 Of 2015)

********************************************

RULING

1. This is an application for leave to file and serve the record of appeal out of time. It is brought under section 3A of the Appellate Jurisdiction Act and rule 4 of the Court of Appeal Rules.

2. The judgment sought to be appealed from was delivered by Ombwayo, J. on 9th October, 2015. The applicant neither provided a copy of the said judgment nor the decree that was extracted from the said judgment.

3. In his brief affidavit in support of the application, the applicant stated that after delivery of the judgment his advocate…

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