RAFFAELA POCHINTESTA & ANOR.
V.
ISMAEL SHEMAKA

(2021) JELR 113794 (CA)

Court of Appeal 3 Dec 2021 Kenya
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Case Details

Suit Number:CIVIL APPLICATION NO. 23 OF 2021
Judges:S. GATEMBU KAIRU, JA
Location:Malindi

RULING

  1. In a ruling delivered on 17th June 2020, the Environment and Land Court (ELC) at Malindi allowed an application by Ismael Shemaka, the respondent herein, to review a consent order that had been recorded by the parties in the suit on 30th September 2015 and ordered that a property known as Kilifi/Jimba/1334 be sold and proceeds thereof be used to offset the unpaid balance of the decretal amount.

  2. Intending to challenge that ruling, the applicants, Raffaela Pochintesta and Saraf Ventures Limited, have by application dated 13th August 2020 applied, presumably under Rule 4 of the Court of Appeal rules, for an order for extension of time to file a notice of appeal out of time. In his affidavit in support of the application, Gicharu Kimani, the advocate for the applicants, deposes that he was instructed on 30th July 2020 to file the appeal; that his firm applied for certified copies of proceedings on the same date; that he is aware that the time for filing the notice of appeal has since…

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