IN THE COURT OF APPEAL AT NAIROBI (CORAM: LESIIT, J.A. (IN CHAMBERS)) CIVIL APPEAL (APPLICATION) NO. E403 OF 2022 BETWEEN BAMOJA CONSTRUCTION CO. LIMITED….................APPLICANT AND AURIEL MARIE JOY KIMEMIA………………………..1ST RESPONDENT JACOB JUMA……………………………………………….2ND RESPONDENT MARY WANJIRU CHEGE………………………………..3RD RESPONDENT CHIEF LAND REGISTRAR………………………………4TH RESPONDENT WILLIAM TUMATE SIALLA SANO…………………….5TH RESPONDENT SUAKEI OLE PARKIRE…………….…………………….6TH RESPONDENT LATOO ENE PRIAKANGA TH NCHEPAI………………….7 RESPONDENT KENYA UNITED TH SPORTS LTD…………………………8 RESPONDENT (Being an application for extension of time to lodge a Notice of Appeal from the Judgment and Decree of the Environment and Land Court at Nairobi (S. Okongo, J.) delivered on 4th August, 2022 in E.L.C. Case No. 351 of 2008.) ******************************** ORDER 1. Bamoja Construction C. Limited, the applicant herein filed an application dated 24th October, 2022 brought under rules 4, 41 & 42 of the Court of Appeal Rules 2022 [the Rules]. It seeks orders for extension of time within which it Page 1 of 2
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may lodge its notice of appeal against the judgment of Okong’o J. (as he then was) delivered on 4 th August, 2022 in ELC Case No. 351 of 2008, and that the draft notice of appeal filed herein be Page 2 of 2
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deemed as duly filed upon payment of the requisite Court fees; and costs be in the cause. 2. The 1st respondent filed a replying affidavit sworn on 9 th December, 2022 opposing the application. 3. Subsequently, the applicant filed a notice of withdrawal dated 7th July, 2023 pursuant to rule 70 and 83 of the Court of Appeal Rules seeking to withdraw its application dated 24th October, and the intended appeal thereof in its entirety. 4. In the premises, the motion dated 24 th October, 2022 is marked as withdrawn under rule 54 of the Court of Appeal Rules with no orders on costs. Made and dated at Nairobi this 25th day of September, 2026 J. LESIIT ……………….…………… JUDGE OF APPEAL I certify that this is a true copy of the original Signed DEPUTY REGISTRAR Page 3 of 2
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