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JudgmentWINSTON OCHORO AYOKI VS SHEM OKEMBIA OWAGA1 min read

WINSTON OCHORO AYOKI VS SHEM OKEMBIA OWAGA

Environment and Land Court at Kisumu Environment and Land Court · · E. ASATI, J

The application before court for determination is the Notice of Motion dated 5th March 2025.  The applicant seeks for orders that time be extended for the Applicant to file appeal out of time against the judgement of Hon. Dr. D. N. Ogoti in Kisumu ELC number 326 of 2018 delivered on 30/9/2024 and that costs of the application be in the intended appeal.  The explanation for delay in filing the appeal as contained in the Supporting Affidavit is that the erstwhile Counsel on record failed to inform the applicant of the delivery of the judgement in time so as to file the appeal.

The application was not opposed.  Affidavit of Service sworn by Moses Munuang’o Advocate on 23rd April 2015 shows that service was effected on 7th March, 2025.

I have considered the application.  The same is merited. Application is hereby allowed in the following terms;

  1. Time to file the appeal is hereby extended.
  2. Appeal to be filed within fifteen (15) days hereof.
  3. No order as to costs.

Dated and delivered at Kisumu 29th day of April, 2025 in the absence of the parties. 

File closed.

E. ASATI

JUDGE

    WINSTON OCHORO AYOKI VS SHEM OKEMBIA OWAGA WINSTON OCHORO AYOKI VS SHEM OKEMBIA OWAGA