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THOMAS AGURE ARAP NDONEE V. KIPSEREM ARAP KEMBOI, PETER SAWE BIAMAH, MOSES KIPNGETICH & ATTORNEY GENERAL

(2017) JELR 93756 (CA)

Court of Appeal  •  Civil Application 7 of 2017  •  5 Oct 2017  •  Kenya

Coram
Erastus Mwaniki Githinji

Judgement

RULING

[1] This is an application under Rule 4 and 5 (2) (b) of the Court of Appeal Rules for the following orders:

1. Time limited for the applicant to file and serve the respondents with the notice of appeal be enlarged or extended to allow the filing and serving of the same with such time as the court shall deem fit.

2. That conservatory orders be issued preserving suit property and/or a stay of execution pending the hearing and determination of this application and/or until the intended appeal has been determined.

[2] The applicant states in the supporting affidavit inter alia, that judgment in the Environment and Land case No. 447 of 2012 was delivered on 12th July, 2016 dismissing his suit; that he filed and served a Notice of Appeal dated 24th July, 2016; that he applied for copies of proceedings and Judgment by a letter dated 2nd July, 2016 and that the copies of the judgment and proceedings are yet to be supplied.

[3] The application first came for hearing on 26th April, 2017. The…

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