TAMMOIMA JMB GICHACHA & ANOR V. ELIZABETH MAKORI SIRINGI & 4 ORS

RULING

1. The  applicants’ motion  dated  24th   April  2023  seek  leave  to lodge an appeal from the judgment of the Environment and Land Court (ELC), delivered on 9th February 2023 in Nairobi ELC No. 691 of  2016. The  subject matter of  the  dispute  in the said suit is a parcel of land known as Ngong/Ngong/26365,  which  is  occupied  by  the  applicants, having purchased it from the 2nd respondent.

2. The applicants state that the impugned judgment was delivered by Okang’o, J, from Kisumu where he had been transferred to, but they did not get a copy of the same until 15th  March 2023 because the file had not been transmitted to Nairobi. The applicants therefore could not have filed a notice of appeal within fourteen days from the date of delivery of the judgment.

3. The applicants believe that their intended appeal has good chances of success, and have annexed to their affidavit in support of their application and a draft memorandum of appeal.

4. The application is not opposed as none of the re…