BEN SIRENGO V. KWANZA LAND DISPUTES TRIBUNAL COMPRISING OF ONYANGO WAO & 4 OTHERS

REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA

AT NAIROBI

Civil Appli 139 of 2009 (UR 92/2009)

BEN SIRENGO..................................................................APPLICANT

AND

KWANZA LAND DISPUTES TRIBUNAL COMPRISING OF

ONYANGO WAO

SIMON REMBEGOT

JONATHAN MUTAMBO

RICHARD TUBUTA.........................................1^ST RESPONDENT

AND

MAGDALENA NASIPWONDI SIMIYU.........2^ND RESPONDENT

(An application for substitution of Lydia Nafula Simiyu in place of Magdalena Nasipwondi Simiyu 2^nd respondent (Deceased) in Civil Appeal No. 288 of 2002)

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RULING

By this application expressed to be brought under rule 96(1) of the Court of Appeal Rules, the applicant, BEN SIRENGO, seeks an order that he be allowed to substitute one LYDIA NAFULA SIMIYU in place of the 2^nd respondent, now deceased, in Civil Appeal No. 288 of 2002 which appeal was against the ruling and order of the High Court of Kenya at Kitale, Etyang, J, dated 10^th May, 2002 between the applicant and the responde…