EQUATORIAL LAND HOLDINGS LIMITED & ANOTHER
V.
CHESERET ARAP KORIR

RULING OF THE COURT

1) The notice of motion dated 22nd August, 2019 is brought under Sections 3A and 3B of the Appellate Jurisdiction Act and Rules 42, 77(1) and 84 of the Court of Appeal Rules (this Court’s Rules).

2) The application seeks the following orders:

a) That this Honourable Court be pleased to strike out the Notice of Appeal Dated 24^th July, 2019 and filed on 24^th July, 2019 against the whole ruling of the Environment and Land Court at Eldoret case No. 127 of 2018 dated 23^rd July, 2019;

b) That costs of and incidental to this application and the appeal be awarded to the applicants.

3) The application is based on the following grounds:

a) The notice of appeal dated 24th July, 2019 was filed on even date;

b) The decision against which the applicants seek to appeal was dated, signed and delivered on 23rd July, 2019;

c) The Notice of Appeal was served on the respondent on 2nd August, 2019 which was 10 days after the Notice of Appeal was lodged;

d) The Notice of Appeal was required to b…