RULING
1. The applicant’s suit against the respondent before the Environment and Land Court (ELC) at Malindi in ELC Case No. 47 of 2016, in which the applicant sought compensation for alleged wrongful demolition and destruction of its hotel, was dismissed by the ELC in a judgment delivered on 29th May 2019. Aggrieved by that decision, and intending to challenge it on appeal, the applicant promptly filed a notice of appeal dated 3rd June 2019.
2. In accordance with requirement under Rule 82 of the Court of Appeal Rules, the applicant should then have instituted its appeal by filing its memorandum and record of appeal within 60 days from the date of filing the notice of appeal. It did not do so until 16th September 2019 when it also filed the present application seeking an order that
“the Memorandum of Appeal and Record of Appeal dated 16th September 2019 be deemed to be properly on record and/or alternatively the time of lodging and serving the Memorandum of Appeal and Record of Appeal b…