EWOTON LEONARD EKUTIAN & ANOR
V.
MICHAEL KORE ROTICH & 4 ORS

RULING OF THE COURT

Background

1) By a Notice of Motion dated 11th November, 2019, Ewoton Leonard Ekutian (the 1st applicant) and Pius Atok Ewoton (the 2nd applicant) seek inter alia, that the notice of appeal lodged by Michael Kore Rotich, Peter Ngetich, Allan Chelimo, John Kipkosgei Chelimo and Jane Chesang (the respondents), be struck out.

2) The respondents who were the defendants in Land Case Number 87 of 2009 were aggrieved by the judgment of the Environment and Land Court (ELC) (Mwangi Njoroge, J) delivered on 29th January, 2019 and desirous of challenging it file the notice of appeal in question.

3) In brief, the applicants contend that the respondents lodged a notice of appeal against the judgment of the ELC on 24^th October, 2019and served it on counsel for the applicants on 25^th October, 2019. It was the applicants’ further contention that fourteen (14) days within which a valid notice of appeal should have been filed against the impugned judgment expired on 12^th February, 2019;…