TAMMOIMA JMB GICHACHA & ANOR V. ELIZABETH MAKORI SIRINGI & 4 ORS
(2024) JELR 112220 (CA)
Court of Appeal
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CIVIL APPEAL (APPLICATION) NO. NAI E158 OF 2023
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5 Jul 2024
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Kenya
Coram
D. K. MUSINGA, (P) (IN CHAMBERS)
Judgement
<p style="text-align: center"><strong><u>RULING</u></strong></p><ol><li><p style="text-align: justify">The applicants’ motion dated <strong><em>24th April 2023 </em></strong>seek leave to lodge an appeal from the judgment of the Environment and Land Court (ELC), delivered on 9th February 2023 in <strong>Nairobi ELC No. 691 of 2016</strong>. The subject matter of the dispute in the said suit is a parcel of land known as <strong><em>Ngong/Ngong/26365</em></strong>, which is occupied by the applicants, having purchased it from the 2nd respondent.</p></li><li><p style="text-align: justify">The applicants state that the impugned judgment was delivered by <strong><em>Okang’o, J, </em></strong>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.</p></li><li><p style="text-align: justify">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.</p></li><li><p style="text-align: justify">The application is not opposed as none of the re…</p></li></ol>