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Karl Wehner Claasen v. Commissioner of Lands,Registrar of Titles,Commissioner of Prisons,Attorner General & Kipagenge of Kalenjin Estates Limited

(2017) JELR 100227 (CA)

Court of Appeal  •  Civil Appeal (Application) 85 of 2016  •  5 Oct 2017  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

RULING OF THE COURT

[1] This is an application under Rule 82(1), 82(2), 84 and other relevant Court of Appeal Rules for an order that the appeal filed herein be struck out on the ground that the letter bespeaking the proceedings was not served on the applicant’s advocates. The application is made by the 5th Respondent in the appeal.

[2] The background to the application is as hereunder. Sometime in 2013 Nicholas Hendrick Claasen filed a Constitutional Petition in the High Court at Eldoret being No. 1 of 2013 which was later transferred to the Environmental and Land Court and registered as Constitutional Petition No. 7 of 2015. The Petitioner alleged,amongst other things, that his constitutional right to protection of property had been contravened by the Respondents by acquisition of his several parcels land measuring a total 4,638 acres and valued at Kshs.13,914,000,000.00 which he claimed from the applicants. However, the Petitioner died on 26th April 2014 before he prosecuted the Peti…

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