Republic v Commissioner of Lands & 2 others ex parte Jediel Kinyua Naivasha [2007] KECA 222 (KLR)

COURT OF APPEAL AT NYERI

CIVIL APPLICATION 150 OF 2007

REPUBLIC …………………………………………..………………. APPLICANT

AND

COMMISSIONER OF LANDS ……………….…………… 1ST RESPONDENT

CHOGORIA TOWN COUNCIL ………………..…..……… 2ND RESPONDENT

LAND REGISTRAR

MERU SOUTH DISTRICT ………………………..………. 3RD RESPONDENT

JEDIEL KINYUA NAIVASHA  )

JOHN NDWIGA NJINE             ) ………………................…………. EX-PARTE

(Application for extension of time to file notice and record of appeal out of time in an intended appeal from the ruling and order of the High Court of Kenya at Meru (Mulwa, J) dated 1st August, 2002inH.C. Misc. Application No. 4 of 2002)

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R U L I N G

This application expressly seeks extension of time to lodge an intended appeal.

The respondents were duly served with the hearing notices but are absent.

Thus, the application is not opposed.

It is common ground that Civil Appeal No. 297 of 2002 was struck out on 16th May, 2007 and this application was lodged on 11th June, 2007.  Thus there is no delay in lodging it.

In the result, I grant leave to lodge the intended appeal out of time.

The applicant shall file the Notice of Appeal within 7 days hereof and the Record of Appeal 21 days thereafter.

Costs of this application shall be in the intended appeal.

Dated and delivered at Nyeri this 2nd day of November, 2007.

P.K. TUNOI

…………………………

JUDGE OF APPEAL

I certify that this is a

true copy of the original.

DEPUTY REGISTRAR