SOSIANI BUILDERS LTD
V.
NIRMAL SINGH SIDHU RAGHBIR SINGH SIDHU (SUING AS THE EXECUTOR OF THE WILL AND ADMINISTRATOR OF THE ESTATE OF THE LATE JAGIR SINGH SIDHU & 5 OTHERS

RULING OF J. MOHAMMED JA

BACKGROUND

1. By a judgment delivered at the Environment and Land Court (ELC) at Eldoret on 30th May 2018, Ombwayo, J. found that Sosiani Builders Ltd (the applicant) is the legally registered proprietor of Eldoret Municipality Block 8/12 (the suit property).

2. Nirmal Singh Sidhu (the 1st respondent) being dissatisfied with the said judgment filed a notice of appeal dated 31^st May 2018 against the entire judgment.

3. Mary Chepkirui (the 2nd respondent) being also dissatisfied with the judgment filed a notice of appeal dated 4^th June 2018 against the entire judgment.

4. The applicant filed a notice of motion dated 16th July 2018 seeking to strike out the two notices of appeal dated 31st May 2018 and 4th June, 2018 on the grounds: -

1) “THAT the Notice of Appeal dated 31.5.2018 is defective hence should be struck out.

2) THAT the Notice of Appeal dated 31.5.2018 was lodged and served after the expiry of 4 days as by law required.

3) THAT the Notice of Appeal dated 4.6.…