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Kuwinda Rurinja Co. Ltd v. Kuwinda Holdings Ltd & 13 others

(2011) JELR 105037 (CA)

Court of Appeal  •  Civil Appeal (Application) 8 of 2003  •  23 Sep 2011  •  Kenya

Philip Kiptoo Tunoi, Daniel Kennedy Sultani Aganyanya, Philip Nyamu Waki



This is an application under rules 29(1) (b), 31 and 42 of the Court of Appeal Rules. It seeks an order that additional evidence from the 1st and 2nd respondents in the appeal be taken.

The parties have been in and out of the Courts since 1986; and in the process have filed myriad applications which total more than a dozen. Some of these cases have landed in this Court.

The dispute concerns a piece of land measuring 25 acres or thereabouts comprised in L.R. Nos. 10262 and 11694 (hereinafter “ the suit land”) which had been purchased by the respondents from the appellants in the appeal on 23rd February 1985. After purchase, the respondents sub-divided the suit land into smaller portions and offered them for sale to interested parties who are now resident on the suit land. The purchasers have subsequently erected dwellings thereon of various structures and the cluster of houses has formed what is known within the City as Kijiji.

The applicants aver that pursuant to a con…

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