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JOHN NDUNGU MBUGUA V. MUCHOHI GIKONYO

(1998) JELR 104299 (CA)

Court of Appeal  •  CIVIL APPLICATION NO. NAI. 279 OF 1997  •  9 Jun 1998  •  Kenya

Coram
Akilano Molade Akiwumi, Abdulrasul Ahmed Lakha

Judgement
<p class="ql-align-center">RULING OF THE COURT</p><p class="ql-align-justify">The applicant was the unsuccessful defendant against whom the superior court (Aluoch, J.) entered judgment on June 28, 1990 whereby she declared the plaintiff as the owner of the land known as DAGORETTI/RIRUTA/770 (the suit property) and ordered the applicant to transfer the suit property to the plainTthief f.plaintiff sued in the superior court claiming a declaration that he had acquired title over the suit property and for an order that the defendant do transfer the same to the plaintiff. After a full hearing, the superior court, as stated earlier, entered judgment in favour of the plaintiff.</p><p class="ql-align-justify">A notice of appeal was filed on July 4, 1990 within the prescribed time and certified copies of the proceedings and judgment had been applied for on July 3, 1990. Although these were ready in December 1991 the applicant&#x27;s advocate became aware of that fact in January 1992 when the letter from the High Court Registry dated November 1, 1991 was received by him. The advocate did …</p>

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