Charles Muriongo & Anthony Muriongo v Francis Omondi [2021] KECA 1047 (KLR)

IN THE COURT OF APPEAL

AT KISUMU

CORAM: MURGOR J.A.

CIVIL APPLICATION NO. 1 OF 2020

BETWEEN

1. CHARLES MURIONGO

2. ANTHONY MURIONGO..........................................................................................APPLICANTS

AND

FRANCIS OMONDI...................................................................................................RESPONDENTS

(Application for extension of time a Notice of Appeal out of time from the judgment and decree of the

Environment and Land Court at Kakamega, (N. Matheka, J). dated 7thMay 2019

in

ELC Cause No. 224 of 2014 (OS))

*************************

ORDER

This Notice of Motion lodged on 6th January 2020, where the applicants, Charles MuriongoandAnthony Muriongohave applied for time to be extended under Rule 4 of the Court of Appeal Rules 2010 to file a Notice of Appeal out of time.

Upon considering the application, a ruling was reserved for 29th January 2020. However, further perusal of the record discloses that the respondent, Francis Omondiwas not served with a Hearing Notice and neither is there any evidence to support service of the application on him. As a consequence, this could be the reason for his failure to file any replying affidavit or submissions.

In view of the above, the applicants are ordered to serve the respondent with the application, following which, another date for hearing of the application can be fixed in the registry on a propriety basis. The registry is directed to ensure that the hearing notice is duly served on all parties

DATED at NAIROBI this 29thday of January, 2021.

A.K. MURGOR

...................................

JUDGE OF APPEAL

I certify that this is a true copy of the original.

Signed

DEPUTY REGISTRAR