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JOEL TIROP BUSIENEI
V.
DAVID RANDICHI

(2016) JELR 104286 (CA)

Court of Appeal 10 Mar 2016 Kenya
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Case Details

Suit Number:Civil Application 30 of 2015
Judges:Daniel Kiio Musinga JA
Location:Eldoret
Other Citations:Joel Tirop Busienei v. David Randichi [2016] eKLR

RULING

1. This application dated 2nd June, 2015 seeks extension of time for filing and service of the notice of appeal as well as the record of appeal.

2. In the applicant’s affidavit in support of the application, he set out the brief history of the matter that gave rise to this application. He stated, inter alia, that in the High Court the respondent had filed a suit against him seeking to have a sale agreement between them in respect of land parcel number NANDI/KAMOIYWO/1114 (“the suit land”) rescinded and the applicant be refunded part of the purchase price. The respondent also sought to evict the applicant from the suit land.

3. The trial court granted the orders sought. The part of the purchase price that was ordered to be refunded was Kshs.550,000/=. The sum was to be paid within 90 days from the date of the judgment, which was 10th July, 2014.

4. The basis of the learned judge’s finding was that consent of the area Land Control Board in respect of sale of the suit land had not bee…

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