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Eliud Murage Wambu v. Joseph Muriithi Stanley & another

(2011) JELR 102493 (CA)

Court of Appeal  •  Civil Appeal 93 of 2010  •  2 Dec 2011  •  Kenya

Samuel Elikana Ondari Bosire, Alnashir Ramazanali Magan Visram, Philip Nyamu Waki



By his amended plaint dated 18th October, 2006 and filed in the High Court at Nyeri on 3rd July 2002, Eliud Murage Wambu, the respondent in the motion dated 12th May 2010 and filed in court on 18th May 2010, was, on the main, seeking judgment nullifying the transfer of land known as L.R. No. 1/KAMONDO/969 to Joseph Muriithi Stanley and John K.J. Mwai. The two were named as the 1st and 3rd defendants in the aforesaid amended plaint. John K.J. Mwai, is the applicant in the aforesaid motion.

By a judgment dated and delivered at Nyeri on 26th November, 2007, Makhandia, J. dismissed that suit and condemned the respondent herein to pay the costs of the suit. By his application dated 15th June, 2009, expressed to be brought under O.XLIV Rules 1 and 2 of the Civil Procedure Rules and section 3A of the Civil Procedure Act, the respondent sought an order of review of the aforesaid judgment. The grounds for that application, are not material in the application before us as that…

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