UMMI MBWANA MWALIMU, CHARLES JOAKIM & PETER OMONDI V. TAPIOCA LIMITED

RULING

1. The applicants, in their application dated 8^th November 2019, seek two substantive reliefs. The first order that is sought is that the time for filing notice of appeal be extended to 25^th October 2019. The second order that is sought is that pending the hearing and determination of the appeal, there be a stay of execution of the judgment of the Environment and Land Court in Case No. 182 of 2011 which was delivered on 19^th September 2019.1

2. Having regard to Rule 53 of the Court of Appeal Rules, I do not, as a single Judge, have jurisdiction to deal with an application for stay of execution under Rule 5(2)(b) of the Court of Appeal Rules. That is a matter for the full court. I will therefore confine myself to the request for extension of time under Rule 4 of the Court of Appeal Rules.

3. I have considered the application for extension of time, the supporting affidavit sworn by Ummi Mbwana Mwalimu, and the submissions as well as the replying affidavit sworn by Rajesh Khagram a d…