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Eri Limited v. Equitorial Commercial Bank (Formerly Southern Credit Banking Corporation) Limited & Zainul Galib Velji

(2019) JELR 97874 (CA)

Court of Appeal  •  Civil Appeal 122 of 2017  •  21 May 2019  •  Kenya

Coram
Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

What is before us is an application by way of notice of motion dated 13th December, 2017 brought by the appellant pursuant to Rule 29(1) (b) of the Court of Appeal Rules and Sections 3, 3A and 3B of the Appellate Jurisdiction Act. The appellant in the main suit seeks to have additional evidence introduced at the hearing of this appeal.

The background to the application is that the appellant vide a Plaint dated 20th July, 2010 and amended on 26th August, 2010 filed a suit in the High Court against the Respondents on grounds of fraud and illegality with regard to the sale, transfer and registration of the parcel of land known as Kisumu/Municipality Block 12/265, hereinafter “the suit property”. He sought a declaration that there was no valid sale or at all of the suit property by the 1st respondent to the 2nd respondent; that the transaction and registration of the suit property in the name of the 2nd respondent was fraudulent and illegal and was therefore null and voi…

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