JOSEPH LENDUSE ELDAISABA & 2 ORS
V.
PAUL GUGO LESWAGEY & ANOR

RULING OF THE COURT

JOSEPH LENDUSE ELDAISABA, DANIEL LENDUSE ELDAISABA and MIKE LENDUSE (hereinafter ‘the applicants’) have filed a Notice of Motion dated 14^th March, 2017 seeking orders THAT:-

(i) The time for filing a Notice of Appeal and the entire appeal against the Ruling of the superior court in ELC No 66 of 2013 against the Ruling delivered on the 10^th day of December, 2014 by Hon L.N. Waithaka be extended and/ or enlarged.

(ii) The Notice of Appeal filed and served on the 6^th December, 2016 be deemed as filed and be admitted within the time extended by the court.

(iii) There be a stay of execution pending appeal from the Ruling of the Court delivered on 10^th December, 2014.

The applicants are desirous of obtaining the said orders with view to reversing the Ruling and Orders of the superior court which were favourable to PAUL GUGO LESWAGEY (hereinafter ‘the 1^st Respondent’) and THE COUNTY COUNCIL OF NAKURU ( hereinafter ‘ the 2^nd Respondent’).

The application is premised on SECTION 3…