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FANIKIWA LIMITED V. SIRIKWA SQUATTERS GROUP, COMMISSIONER OF LANDS, CHIEF REGISTRAR OF TITLES, DIRECTOR OF LAND ADJUDICATION & SETTLEMENT, DIRECTOR OF SURVEY, DISTRICT LANDS OFFICER, UASIN GISHU DISTRICT, LONRHO AGRI BUSINESS (EA) LTD, MARK KIPTARBEI TOO, DAVID.K. KORIR, HIGHLAND SURVEYORS & KENNEDY KUBASU; AHMED FEREJ & 60 OTHERS, RICHARD KIRUI & 15 OTHERS, STANBIC BANK LIMITED, KCB BANK LIMITED, ECO BANK LIMITED, LILY CHEBET, NATIONAL BANK OF KENYA LIMITED, KENYA WOMEN MICROFINANCE BANK (PLC) & COMMERCIAL BANK OF AFRICA (APPLICANTS)

(2019) JELR 97432 (CA)

Court of Appeal  •  Civil Appeal (Application) 45 of 2017  •  17 Oct 2019  •  Kenya

Coram
Philip Nyamu Waki Hannah Magondi Okwengu Jamila Mohammed

Judgement

RULING OF THE COURT

[1] Fanikiwa Limited is the appellant in Civil Appeal No. 45 of 2017 in which it seeks to impugn the judgment that was delivered on 9th February, 2017, by the Environment and Land Court (Ombwayo J) in Petition No. 4 of 2016. Following an application by Prof. Ojienda, counsel for the appellant, the Court made orders on 1st October, 2018, inter alia, that the appellant publish, within fourteen days, a notice to the public in one of the daily newspapers with a wide circulation of the existence of the judgment appealed from and its effect, and the existence of the appeal and two other appeals.

[2] As a result of the publication of the said notice, nine applications have been filed and canvased before us in which respective parties are seeking to be joined in the three appeals as interested parties under Article 40(6), 50(1) and 159 of the Constitution, section 3A and 3B of the Appellate Jurisdiction Act and Rule 77 and 90 of the Court of Appeal Rules.

[3] The litigation r…

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