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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

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 the applicant’s case that the property belonged, jointly, to the applicant and herself, having purchased it as husband and wife.

2. Dissatisfied with the judgment, the applicant duly filed a notice of appeal dated 21st September 2018 through the firm of Wandai Matheka and Co Advocates. By a letter dated 8th October 2018, filed before the ELC on 9th October 2018, the applicant, through the firm of Okanga and Com…

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