Leonard Kamenchu Kairiama v Elijah Maitai Ichicha, District Land Adjudication and Settlement Officer Tigania Districts & Attorney General [2019] KEELC 3448 (KLR)

REPUBLIC OF KENYA

IN THE ENVIRONMENT AND LAND COURT AT MERU

ELC MISC. NO. 13 OF 2019

LEONARD KAMENCHU KAIRIAMA.....................................APPLICANT

VERSUS

ELIJAH MAITAI ICHICHA............................................1ST RESPONDENT

THE DISTRICT LAND ADJUDICATION AND SETTLEMENT

OFFICER TIGANIA DISTRICTS...................................2ND RESPONDENT

THE HONOURABLE ATTORNEY GENERAL............3RD RESPONDENT

RULING

1. In the application dated 12. 3.2019, applicant is seeking leave to file his appeal out of time on grounds that he has sufficient and good cause for not filing the appeal in time.  In his supporting affidavit filed on 13. 3.2019, applicant avers inter alia that his suit ELC NO. 59 of 2018 at Tigania court was struck out for no good reasons.  Thus, applicant felt aggrieved by the ruling of the court and desired to appeal. However, he was not able to compile his record of appeal as the record of the lower court was not typed on time.

2. I find that the application is unopposed.  The same is allowed as drawn but the memorandum of appeal is to be filed and served within 14 days from today failure to which the leave granted herein lapses.

DATED, SIGNED AND DELIVERED IN OPEN COURT AT MERU THIS 8TH DAY OF MAY, 2019 IN THE PRESENCE OF:-

C/A: Kananu

Miss Mwai holding brief for Mr. Kariuki for 1st respondent

Muchiri for applicant

Miss Kungu for Attorney General

1st respondent

HON. LUCY. N. MBUGUA

ELC JUDGE