RULING OF THE COURT
This application is predicated upon Rules 75, 83 and 84 of this Court’s Rules. The applicant is seeking to have the notices of appeal dated 16th February, 2018 and 15th March, 2018 filed by the 1st and 2nd respondents respectively, struck out or deemed as having been withdrawn.
By a judgment rendered on 31st January, 2018 the Environment and Land Court (ELC) found that the 1st respondent’s registration as the proprietor of KISUMU/MUNICIPALITY/BLOCK 8/309 was irregular having obtained it from the Government of Kenya without following due process. As a result of this determination, the ELC rejected her claim for the balance of the purchase price, together with her counterclaim against the applicant. Instead, the applicant was directed to make payment of the balance of the purchase price to the 2nd respondent within 30 days of the date of the judgment, failing which, the suit property would revert to the Government of Kenya.
This aggrieved the 1st respondent who lodged a…