JOSHUA KIPKORIR SUING ON BEHALF OF THE ESTATE OF KIPSAINA ARAP MURSOI (DECEASED)
V.
EZEKIEL KIPLEL & 7 OTHERS

IN THE COURT OF APPEAL

AT ELDORET

(CORAM: A. MAKHANDIA, P. KIGE, and OTIENO ODEK, JJ.A)

CIVIL APPEAL NO. 118 OF 2018

BETWEEN

JOSHUA KIPKORIR Suing on

behalf of the Estate of KIPSAINA

ARAP MURSOI (DECEASED)................................................APPELLANT

AND

EZEKIEL KIPLEL and 7 OTHERS......................................RESPONDENTS

(An Appeal from the Judgment of the High Court of Kenya at Eldoret,

(G. K. Kimondo, J) dated 27^th April, 2017

in

ELDORET HCC NO. 201 OF 1997)

********************

RULING

Before us is a Notice of Motion dated 25^th January, 2019 seeking to strike out the Record of appeal in Civil Appeal No. 11 of 2018.

The application is supported by the affidavit of Isaac Julius Sang the 4^th respondent herein.

The ground in support is that the appeal was filed on 12^th September, 2018 out of time. The impugned Judgment was delivered on 27^th April, 2017 and the appeal ought to have been filed on a 9^th July, 2017. It was submitted the appeal was filed one year and two months out of tim…