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Paul Erneo Okeya v Bonface Ojuma Epuret

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Okeya v Epuret (Civil Application E020 of 2026) [2026] KECA 2029 (KLR) (22 May 2026) (Ruling) Neutral citation: [2026] KECA 2029 (KLR) REPUBLIC OF KENYA IN THE COURT OF APPEAL AT KAKAMEGA CIVIL APPLICATION E020 OF 2026 S RADIDO, JA MAY 22, 2026 FORMERLY KISUMU CIVIL APPLICATION NO. E048 OF 2021 BETWEEN PAUL ERNEO OKEYA ............................................................................ APPELLANT AND BONFACE OJUMA EPURET ............................................................. RESPONDENT (An application to lodge and serve a Notice of Appeal against the Ruling of the High Court (Hon W.M. Musyoka) delivered on 22nd December 2025.) in Busia High Court Succession Cause No. HC P & A 236 of 2008) RULING 1. Paul Erneo Okeya (the applicant) led an application dated 5th March 2026 on 11th March 2026, seeking an order to extend the time for lodging and serving a Notice of Appeal against the Ruling of the High Court (Hon Mr. Justice Musyoka) delivered on 22nd December 2025 in High Court Succession Cause No. P & A 236 of 2008. 2. The Deputy Registrar issued Case Management Directions on 12th March 2026, and this included service of the application and ling and exchange of responses and submissions within set timelines. 3. The Respondent led a replying adavit on 17th April 2026, and the Deputy Registrar served a hearing notice through email on 29th April 2026. 4. When the application came up for hearing on 7th May 2026, (no appearance of counsel required) it turned out that the applicant had not led his submissions. https://new.kenyalaw.org/akn/ke/judgment/keca/2026/2029/eng@2026-05-22 1

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5. As it is, there is no full compliance with the Case Management Directions, and the application has not been prosecuted. 6. The application dated 5th March 2026 is consequently dismissed with no order on costs. Orders accordingly. DATED AND DELIVERED AT KAKAMEGA THIS 22ND DAY OF MAY, 2026. RADIDO S. OKIYO …………………………. JUDGE OF APPEAL I certify that this is a true copy of the original Signed DEPUTY REGISTRAR https://new.kenyalaw.org/akn/ke/judgment/keca/2026/2029/eng@2026-05-22 2

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