PATRICK MOSENDA AND THOMAS NYAMOHANGA VS JOHN MOGESI MASANA AND JOHN KIMUNE MASANA

1. This ruling is in respect of an application by way of a Notice of Motion dated 3^rd May 2024 by the two applicants through Mwita Kerario and Company Advocates to the effect that leave be granted to them to lodge an appeal against the judgment and decree of Honourable M.O OBIERO on 2^nd March 2024 in Kehancha SPM Environment & Land case NO. E014 OF 2022 and the costs of the application be provided for.
2. The application was duly served on the two respondents as disclosed in the affidavit of service sworn on 10th July 2024 herein.
3. So, the respondents were made aware of the existence of the application and opted not to respond to the same; see also Ogada-vs-Mollin (2009) KLR 620.
4. It is therefore, the considered view of this court that the application is firm and merited.
5. Thus, the application is hereby allowed in terms of leave to file an appeal out of time as stated in paragraph 1 hereinabove with no orders as to costs.
6. It is so ordered.

DATED and DELIVERED at Homa Bay this 24^th day of July 2024.

G   M   A   ONGONDO

JUDGE

PRESENT

MWITA KERARIO LEARNED COUNSEL FOR THE APPLICANTS

TOM MAURICE COURT ASSISTANT