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

(2021) JELR 97545 (CA)

Court of Appeal 29 Jan 2021 Kenya
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Case Details

Suit Number:Civil Application 146 of 2019
Judges:Wanjiru Karanja William Ouko Jamila Mohammed
Location:Eldoret
Other Citations:Ewoton Leonard Ekutian & another v. Michael Kore Rotich & 4 others [2021] eKLR

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 24th October, 2019and served it on counsel for the applicants on 25th 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 12th February, 2019;…

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