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Afapack Enterprises Limited v. Punita Jayant Acharya (Suing as the Administrator of the Estate of the Late Suchila Anantrai Raval)

(2018) JELR 106308 (CA)

Court of Appeal  •  Civil Appeal 42 of 2013  •  18 May 2018  •  Kenya

Coram
William Ouko, Kathurima M'inoti, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. The appellant has in this appeal challenged a ruling of the High Court (Odunga J.) delivered on 27th September 2012 dismissing its application for review of an earlier order given on 11th October 2011 by the court (Mwera, J as he then was) refusing to set aside judgment entered in favour of the respondent in default of defence.

Background

2. By a plaint dated 28th September 2009, Punita Jayant Acharya, the respondent, as the administrator of the estate of Sushila Anantrai Raval, the registered proprietor of the property known as L.R No.1870/38 (suit property) filed suit against Afapack Enterprises Ltd, the appellant, seeking an order to compel the appellant to vacate and hand over possession of the suit property and in default an order of eviction to issue. The respondent also sought a permanent injunction to restrain the appellant from interfering with possession of the suit property.

3. It was pleaded in that suit that the suit property had been the subject of p…

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