KENYA INDUSTRIAL ESTATES LIMITED
V.
ANNE CHEPSIROR & 4 OTHERS

RULING OF THE COURT

[1] This is an application by Kenya Industrial Estates for an order that the respondents’ Notice of Appeal dated 4^th February, 2015 be struck out with costs on the ground that no steps have been taken to file the intended appeal. The application is brought under various provisions of the Court of Appeal Rules, 2010 including Rules 80(1), 82(1), 82(2), 83, 84 and sections 3A and 3B of the Appellate Jurisdiction Act.

[2] The applicant is the decree holder pursuant to the judgment of the Environment and Land Court (ELC), (Munyao Sila, J.) delivered on 30^th January, 2015. By the judgment, the court, inter alia, cancelled the titles of the 1^st to 5^th respondents herein to Eldoret Municipality/Block 8/592, 594, 595, 596 and 597, ordered the respondent to vacate the suit premises and permanently restrained the 1^st – 5^th respondents from entering into the suit premises.

[3] On 5^th February, 2015, the 1^st, 4^th and 5^th respondents lodged a notice of appeal dated 5^th February, 2…