IN THE COURT OF APPEAL
AT ELDORET
(CORAM: ODEK.JA. (IN CHAMBERS))
CIVIL APPEAL(APPLICATION) NO. 99 OF 2019 (UR 66/2019)
BETWEEN
GEORGE OWUOR OLAKA.................................................APPLICANT
AND
PAUL K. MURUGA...........................................................RESPONDENT
(Application to seek leave to file record and memorandum of appeal out of time from the ruling of the
High Court of Kenya at Kitale (Mwangi J) dated 29th May, 2017 in ELC NO. 41 OF 2008)
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RULING
Before me is a Notice of Motion dated 15th August, 2019 seeking extension of time within which to file the Record and Memorandum of Appeal out of time.
The applicant filed a Notice of Appeal on 9th June, 2017 and which notice was filed within time. However, the Record of Appeal has not been filed today. In support of the instant application, it is urged that the delay in filing the Record of Appeal is due to delay in obtaining certified proceedings and judgment of the High Court.
A Certificate of Delay d…