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Maria Mutisya v. Kienzl Hemuth

(2020) JELR 99288 (CA)

Court of Appeal  •  Civil Application 66 of 2019  •  3 Apr 2020  •  Kenya

Coram
Stephen Gatembu Kairu

Judgement

IN THE COURT OF APPEAL

AT MALINDI

(CORAM: GATEMBU, JA (IN CHAMBERS))

CIVIL APPLICATION NO. 66 OF 2019

BETWEEN

MARIA MUTISYA..................APPLICANT

AND

KIENZL HEMUTH...........RESPONDENT

(Being an application for extension of time within which to file record of appeal against the Judgment of the Environment and Land Court at Mombasa (Yano, J.) delivered on 20th September, 2018 in ELC No. 8 of 2015)

***************

RULING

1. In a judgment delivered on 20th September 2018, the Environment and Land Court at Mombasa allowed the respondent’s suit against the applicant and declared that the property known as Subdivision Number 1723 (Original No. 386/11) Section III Mainland North, which was until then registered in the joint names of the parties, belongs to the respondent solely. The court ordered that the name of the applicant be expunged from the entries in the lands office and that the applicant be restrained, by permanent injunction, from dealing with or interfering with the property. It was th…

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