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Christopher Kiprotich v. Daniel Gathua

(1977) JELR 103192 (CA)

Court of Appeal  •  Civil Appeal 63 of 1976  •  11 Feb 1977  •  Kenya

Coram
Eric John Ewen Law, Abdulla Mustafa, Justin Saulo Musoke

Judgement

IN THE COURT OF APPEAL FOR EAST AFRICA

AT NAIROBI

( Coram: Law V-P, Mustafa and Musoke JJ A )

CIVIL APPEAL NO. 63 OF 1976

BETWEEN

CHRISTOPHER KIPROTICH......................................................APPELLANT

AND

DANIEL GATHUA......................................................................RESPONDENT

( Appeal from the Judgment of the High Court (Nyarangi J) Dated 6th October 1976 in Civil Case No 58 of 1975 )

JUDGMENT

This is an appeal by the plaintiff in a suit filed in the High Court at Nakuru against a “ruling” by Nyarangi J refusing to set aside an order made by him on 7th November 1975. The plaint in the suit was for damages for trespass to the plaintiff’s land. By their defence and counter-claim the defendants averred that they had entered on the land as owners, having purchased it from the plaintiff and paid for it, and they prayed, inter alia, for an order transferring the title to the land to them. A reply to the counterclaim was not filed in time, and the defendants applied…

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