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Genevieve Bertrand v. Mohamed Athman Maawiya & Mohamed Atiq

(2014) JELR 105229 (CA)

Court of Appeal  •  Civil Application 24 of 2013  •  20 Mar 2014  •  Kenya

Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, William Ouko



[1] What is before us is an appeal against the order made by the High Court at Malindi (Meoli J), in Civil Appeal No. 37 of 2012 on 8th May 2013, summarily rejecting the appeal under section 79B of the Civil Procedure Act. Genevieve Bertrand who is now the appellant before us lodged the appeal before the High Court.

[2] The High Court appeal originated from Kadhi Civil Suit No. 27 of 2002 filed in the Kadhi’s Court at Lamu by the appellant. That suit had a checkered history, which has to be understood in order to appreciate the issue raised in the appeal before us. The appellant initiated the suit by suing Mohamed Athman Maawiya and Mohamed Atiq who are now the respondents in this appeal. The gist of the appellant’s claim, was contained in paragraph 8, 9 and 10 of the undated plaint that was filed in Lamu Kadhi’s Court on 15th July 2002.

[3] In a nutshell the appellant wanted to buy a house whose registered owner was deceased. She therefore sought to have the benefi…

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