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WINNIE MWAKA MJAMBILI & MARK FANDE MJAMBILI (SUING AS THE ADMINISTRATOR OF THE ESTATE OF PETER BAMBULA MJAMBILI) V. AISHA SAID AMRI & NATIONAL LAND COMMISSION

(2019) JELR 92823 (CA)

Court of Appeal  •  Civil Appeal (Application) 25 of 2019  •  20 Jun 2019  •  Kenya

Coram
Agnes Kalekye Murgor

Judgement

RULING

The applicants, Winnie Mwaka Mjambili and Mark Fande Mjambili (suing as the Administrator of the Estate of Peter Bambula Mjambili) are seeking leave to extend time to file an appeal out of time against the decision of Olola, J. delivered on 29th November 2017.

To this end, they filed a Notice of Motion dated 5th March 2019 which was supported by the affidavit of Winnie Mwaka Mjambili. Soon thereafter, the respondent filed a Notice of Motion dated 10th April 2019 supported by the affidavit of Aisha Said Amri where orders were sought for the Record of Appeal dated 23rd November 2018 to be struck out. On 20th May 2019, the applicants filed an amended Notice of Motion dated 16th May 2019 supported by the affidavit of Winnie Mwaka Mjambili wherein the following orders were sought;

1. That the Honourable Court do extend time for the applicant to file an appeal out of time against the Ruling/decision of the Honourable Justice J.O. Olola delivered on 29th November 2017.

2. That the Record …

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