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Eliud Munyua Mutungi v. Francis Murerwa

(2014) JELR 102494 (CA)

Court of Appeal  •  Civil Appeal 144 of 2008  •  11 Feb 2014  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek



This is an appeal from the ruling of the High Court (Ouko, J. as he then was) wherein the appellant's suit was dismissed for want of prosecution.

The appellant commenced a suit in the High Court vide a Plaint which was filed on 24th January, 1994. The appellant averred that the respondent held half of L.R No. Nyaki/Mulathankari/442 (suit property) in trust for him; the suit land was family land; at the time of registration the appellant was minor. The appellant sought inter alia a declaration that he was entitled to half a share of the suit property and an order directing the respondent to subdivide and transfer half of the suit property to him. The respondent filed his Statement of Defence and the pleadings were closed on 2nd November, 1994.

Despite the suit being set down for hearing on several instances, it did not proceed for a number of reasons. On 22nd October, 2002 the matter was listed for hearing but was marked as stood over generally because the appellant …

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