Mutua Mailu (suing As The Legal Representative of The Estate of Mailu Mulinge - Deceased) v Deputy County Commissioner Mukaa Sub County & 2 others

Mailu (Suing as the Legal Representative of the Estate of Mailu Mulinge Deceased) v Deputy County Commissioner Mukaa Sub County & 2 others (Civil Application E133 of 2023) [2023] KECA 1656 (KLR) (15 December 2023) (Order) Neutral citation: [2023] KECA 1656 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT NAIROBI CIVIL APPLICATION E133 OF 2023 F TUIYOTT, JA DECEMBER 15, 2023 BETWEEN MUTUA MAILU (SUING AS THE LEGAL REPRESENTATIVE OF THE ESTATE OF MAILU MULINGE - DECEASED) ................................................... APPLICANT AND DEPUTY COUNTY COMMISSIONER MUKAA SUB COUNTY .... 1ST RESPONDENT DIRECTOR OF LAND ADJUDICATION NAIROBI ............... 2ND RESPONDENT LAND REGISTRAR MAKUENI COUNTY .............................. 3RD RESPONDENT (An application for extension of time within which to lodge a memorandum of appeal and record of appeal out of time from the judgment of the Environment and Land Court at Makueni (T. Murigi, J.) dated 19th October 2022 in ELC JR Application No. E007 of 2021) ORDER 1. I should have made this order earlier and apologize to parties. 2. Although this matter was due for hearing on 2nd October 2023, Kamolo & Associates advocates representing one of respondents, had written a letter dated 14th June 2023 indicating that they had not been served with the application and were, therefore, not in a position to prepare a response or submissions in answer. There is then a letter of 29th September 2023 by the applicant who is selfrepresented, confirming that he has not served the application on all the respondents, not just the one represented by Kamolo & Co. Advocates, and seeking more time to do so. 3. Clearly, the matter cannot proceed and I direct that: https://new.kenyalaw.org/akn/ke/judgment/keca/2023/1656/eng@2023-12-15 1

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