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Malcolm Bell v. Daniel Toroitich Arap Moi & Board Of Governors Moi High School Kabarak

(2013) JELR 106802 (SC)

Supreme Court  •  Application 1 of 2013  •  24 Oct 2013  •  Kenya

Coram
Philip Kiptoo Tunoi, Kalpana Hasmukhrai Rawal, Jackton Boma Ojwang, Mohammed Khadhar Ibrahim

Judgement

REPUBLIC OF KENYA

IN THE SUPREME COURT OF KENYA AT NAIROBI

(Coram: Rawal, DCJ; Tunoi, Ibrahim, Ojwang, Ndungu, SCJJ)

APPLICATION NO. 1 OF 2013

IN THE MATTER OF THE COURT OF APPEAL CIVIL APPLICATION NOs. 12 and 13 of 2012 (CONSOLIDATED)

-BETWEEN-

MALCOLM BELL ......................................................................APPLICANT

-AND-

HON. DANIEL TOROITICH ARAP MOI..........................1ST RESPONDENT

THE BOARD OF GOVERNORS MOI

HIGH SCHOOL KABARAK ............................................2ND RESPONDENT

(An application to review the decision by the Court of Appeal given at Nairobi (Maraga, Musinga and Sichale, JJA) dated 22nd February 2013 granting certificate of leave to file appeal to the Supreme Court in Civil Application No.s Nai 12 and 13 of 2012 (Consolidated))

RULING

BACKGROUND

[1] The applicant is the registered owner of property LR. No. 6207/2, located in the Kabarak area of Nakuru, adjacent to Moi High School Kabarak. The property was transferred to him pursuant to the will …

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