STEPHEN CHERUIYOT CHERONO V. KENNETH KIPTUM KANDIE

RULING

[1] By a notice of motion dated 9^th December, 2016, Stephen Cheruiyot Cherono, hereinafter referred to as the applicant has moved this Court under Rule 4 of the Court Rules for orders that the time within which a notice of appeal may be filed and an appeal pursued against the decision of the Environment and Land Court at Eldoret made on 12^th July, 216 in Land Case Number 366 of 2015 be extended.

[2] The background to the application is that the applicant was the plaintiff in Eldoret ELC 366 of 2015. He had sued Kenneth Kiptum Kandie (the respondent herein). The subject of suit was property known as Uasin Gishu/Moiben Settlement Scheme/18.

[3] The applicant claimed that he was the lawful registered owner of the suit property but that the respondent had through fraud, and or misrepresentation had the suit property transferred and registered in his name. the applicant therefore sought to have a declaration that the respondent obtained title to the suit property un-procedurally and fr…