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Erasmus Ireri Njeru v. Nyaga Mutumbi, Nyaga Mwangange, Nicholas N. Njeru (Suing for themselves and as Representatives of Mukere Clan of Mbeere, Attorney General, Director of Lands Adjudication & Settlement, Chief Land Registrar, Lameck Gichangi (Sued as representatives of the Nditi Clan of Mbeere, Nyaga Ciathathi, Mathew Mugo N. Ngari, Jamlick Njiru Nthuni & John Mutitu Ngacha

(2014) JELR 102405 (CA)

Court of Appeal  •  Civil Appeal 21 of 2013  •  6 May 2014  •  Kenya

Alnashir Ramazanali Magan Visram, David Kenani Maraga, Martha Karambu Koome



[1] This is an appeal against the ruling of Ong’udi, J. dated the 26th day of June, 2013. In that ruling, the learned Judge dismissed an application by way of Notice of Motion wherein the applicants (now appellants), had sought a review of the order made by the same Judge on 19th December, 2012 which stated: -

“A judgment was delivered herein on 15th March, 201l. The court dismissed the plaintiff’s claim and found that it had failed to bring the suit within the ambit of the CIVIL JURISDICTION of the Court. The defendants’ counterclaim is premised on the suit that was filed by the plaintiff. An appeal has been filed against that judgment of this court. It is prudent that the appeal be determined as that will determine the way forward in this matter especially on the issue of the counterclaim. The plaintiffs who have appealed are hereby asked to expedite the hearing of the appeal”.

[2] After hearing and considering the rival submissions in regard to the application f…

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