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Andrew O. Nyangweso v. Alloyce Barasa, Oye Ashioya t/a Ashioya & Co. Advocates & Alice Aminde Amindeayuku

(2017) JELR 105647 (CA)

Court of Appeal  •  Civil Appeal 66 of 2012  •  20 Jul 2017  •  Kenya

Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu




1. This appeal arises from the judgment of Muchemi, J. dated 29th February, 2012 where the learned judge declined to set aside a ruling by the Busia Resident Magistrate’s Court delivered on 14th July, 2010 in Miscellaneous Application No. 2 of 2010. The appellant was aggrieved by that decision and filed a second appeal to this Court.


2. On 8th January, 2010 the appellant filed a suit before the Rent Restriction Tribunal (RRT) seeking an order to stop illegal proclamation of his household goods in distress for rent by the respondents.

3. The orders sought were granted exparte, pending inter partes hearing and determination of the suit, which was to take place during the tribunal’s next session at Kakamega. The appellant then filed Miscellaneous Application No. 1 of 2010 in the Principal Magistrate’s Court at Busia, seeking adoption of the orders granted by the Rent Restriction Tribunal as an order of the court. During the pendency of that applic…

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