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Siuma Jacob Mukalama v. Chairman Malava Land Disputes Tribunal, Daniel Musamala Mukala & Loice Wanyitikha Mukalama

(2007) JELR 93877 (CA)

Court of Appeal  •  Civil Appli 291 of 2006 (Ksm 56/06)  •  13 Jun 2007  •  Kenya

Coram
William Shirley Deverell

Judgement

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 …

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