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Cyrus Komo v. Hannah Nyambura Gikamu

(2018) JELR 103015 (CA)

Court of Appeal  •  Civil Appeal 336 of 2010  •  19 Jan 2018  •  Kenya

Coram
Milton Stephen Asike Makhandia, Kathurima M'inoti, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. This is an appeal from the judgment of the High Court (Muchelule,J. delivered on 6th July 2010 setting aside an order of the Magistrate?s court given on 30th November 1990. By that order, the Magistrate?s court had declined to grant the respondent?s application for restitution under Section 91 of the Civil Procedure Act following the reversal of an earlier order by the Magistrate?s court to remove a caution over all that piece or parcel of land known as Title Number Githunguri/Gathangari/1218 (“the suit property”). By the same judgment of 6th July 2010, the High Court ordered cancellation of subdivisions of the suit property that had been made after the order for the removal of the caution on the suit property which was subsequently reversed.

2.The background to this appeal is that on 6th October 1988, the appellant filed suit against the respondent before the resident Magistrate's Court at Kiambu in civil suit number 88 of 1988. The appellant pleaded that he pu…

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