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Kenya Commercial Bank Limited & Mary Wambui Chege v. Municipal Council of Mombasa,Chembe Holdings Limited & Auckland Agencies

(2019) JELR 100095 (CA)

Court of Appeal  •  Civil Appeal 156 of 2018  •  19 Dec 2019  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

Background

1. The genesis of this appeal is a ruling by Komingoi, J. delivered on 20th June, 2018 in HCCC No. 289 of 2007, where the learned judge dismissed the appellants’ application dated 21st November, 2017. In that application, the appellants were seeking an order to set aside orders issued on 11th October, 2017 dismissing the aforesaid High Court suit for want of prosecution.

2. The appellants had filed the suit as the executor and executrix respectively of the will of Stevenson Chege Kimotho, (deceased) who died testate on 2nd February, 1997. Among the properties forming part of the deceased’s estate was a property known as sub-division NO. 2525 section 1 mainland North situated in Nyali, Mombasa County, (the suit property), whose value as at 2007 was Kshs. 35,400,000/=.

Proceedings before the Magistrates’ Court

3. In 2006, the 1st respondent filed a suit in the Chief Magistrates’ Court at Mombasa, CMCC No. 2813 of 2006 against the deceased for recovery of land…

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