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Daniel Nkirimpa Monirei v. Sayialel Ole Koilel, Land Registrar, Kajiado, Senior Resident Magistrate, Kajiado, Chairman, Land Dispute Tribunal, Kajiado & Attorney General

(2016) JELR 102890 (CA)

Court of Appeal  •  Civil Appeal (Application) 140 of 2015  •  4 Nov 2016  •  Kenya

Coram
Wanjiru Karanja, Hannah Magondi Okwengu, Festus Azangalala

Judgement

RULING OF THE COURT

1. By a Ruling rendered at the High Court in Machakos on 23rd October, 2014, L. N. Mutende, J struck out with costs, the appellant’s petition dated 24th September, 2012. This was consequent upon the court upholding a preliminary objection raised by Daniel Monirei, the applicant herein, to the effect that the issues raised in the petition were res judicata.

2. The petitioner, Sayialel ole Koilel, being dissatisfied with the said ruling decided to file an appeal against the entire ruling. The Notice of Appeal, now impugned, is dated 30th October, 2014. It is part of the Record of Appeal, and is also annexed to the affidavit of Philip Ocharo in support of the chamber summons. The said notice does not bear any stamp of the court in which it was filed, to confirm receipt and filing of the same. We shall advert to that issue later.

3. The appellant subsequently filed the record of appeal on 5th June 2015, as can be deciphered from the record of appeal. The record was then s…

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