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JudgmentWILSON KIPROP KIBOS VS FRANCIS KIGEN KIRUI1 min read

WILSON KIPROP KIBOS VS FRANCIS KIGEN KIRUI

Environment and Land Court at Eldoret Environment and Land Court · · E. M. WASHE, J

                  

RULING

1.   The Application dated 25.03.2024 is one that seeks to set-aside the ruling of the Court issued on the 19.12.2023.

2.   The explanation for filing the Record of Appeal is the delay to obtain the typed and certified proceedings from the trial Court.

3.   While this reason is justifiable, the problem is that the Record was filed out of time.

4.   Consequently, even if the ruling of 19.10.2023 was to be allowed, still the Record of Appeal would not be properly and procedural on record.

5.   The Applicant requires to first seek a review for extension of time and thereafter once the same is successful, the Ruling can be set-aside.

6.   In essence therefore, this Application is struck out with costs.

 IN THE PRESENCE OF;

Court Assistant:         Brian                  

Plaintiff:         Mr. Wainaina for the Applicant

Defendant:         Mr. Tororei for the Respondent

 


 
ELC. A E051 of 2021                                              RULING1
    WILSON KIPROP KIBOS VS FRANCIS KIGEN KIRUI WILSON KIPROP KIBOS VS FRANCIS KIGEN KIRUI