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Malcom Bell v. Daniel Toroitich Arap Moi & Another

(2006) JELR 105304 (CA)

Court of Appeal  •  Civ Appli 342 of 2005  •  10 Nov 2006  •  Kenya

Coram
Philip Kiptoo Tunoi, Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu

Judgement

RULING OF THE COURT

This is an application under rule 5(2)(b) of the Court of Appeal Rules (the Rules), brought by the unsuccessful party in Nakuru High Court Civil Case No. 14 of 2004, Malcom Bell (the applicant). The suit related to two consolidated suits, one by the applicant against Hon. Daniel Toroitich Arap Moi (the 1st respondent) and The Board of Governors of Moi High School, Kabarak (2nd respondent), for possession of a piece of land measuring about 110 acres, mesne profits and costs. The other suit was by the 2nd respondent against the applicant for an order that that piece of land be declared to have been acquired by the school by adverse possession, and for an order that the applicant execute all necessary documents for the land to be transferred to the school failing which the Deputy Registrar of the High Court execute the same.

The two suits were consolidated with the consent of the parties. On 31st October, 2005 the superior court (Muga Apondi J.) dismissed with costs theā€¦

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