WILLIAM KIPROP CHEBII V. FLORENCE CHEPKURUI CHEPKWONY

RULING

1. On 26^th November 2014, the applicant William Kiprop Chebii filed a Motion dated 20/11/2014 under Rule 4 of the Rules of the Court seeking extension of time to serve his Notice of Appeal and to file and serve his Record of Appeal from a decision of the Environment and Land Court delivered on 12^th June, 2013.

a. That Motion was fixed for hearing before me at Eldoret on 22^nd June 2015. When it was called out for hearing, there was no appearance for the applicant although notice of hearing of the Motion had been duly served. Miss. T. Tum, learned counsel, who appeared for the respondent successfully applied to have the Motion dismissed for non-appearance by the applicant under Rule 56(1) of the Rules of this Court.

2. By a Motion dated 23^rd June 2015 filed on 25^th June 2015, the applicant has moved the Court under Rule 56(3) of the Rules of the Court to restore the application dated 20/11/2014 for hearing. The present application is supported by an affidavit sworn by the applicant …