REPUBLIC OF KENYA
IN THE COURT OF APPEAL OF KENYA
AT KISUMU
CIVIL APPLI 291 OF 2006 (KSM 56/06)
SIUMA JACOB MUKALAMA...........................APPLICANT
AND
1. THE CHAIRMAN MALAVA LAND DISPUTES TRIBUNAL
2. DANIEL MUSAMALA MUKALA
3. LOICE WANYITIKHA MUKALAMA.........RESPONDENTS
(An application for extension of time within which to lodge Notice and Record of Appeal out of time from the ruling of the High Court of Kenya
kamega ( Kariuki, J) dated 5th May, 2006
in
H.C. MISC. APPL. NO. 112 OF 2001)
*************************
RULING
This is an application by Siuma Jacob Mukalama (the applicant) under rule 4 of the Court of Appeal Rules (the Rules) seeking an extension of time to file and serve a Notice of Appeal and Record of Appeal out of time.
There was also a prayer in the motion that service of the notice of appeal on the 2nd respondent Daniel Musamala Mukalama be dispensed with. In the affidavit in support of the motion sworn by the applicant, there is paragraph 3 stating:-
“That service upon the first …