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Mate Gitabi v. Jane Kabubu Muga alias Jane Kaburu Muga, Phylis Ciamati Mwirichia, Elisius Njoka Mwirichia & Elipha Mbuba Njue

(2017) JELR 99207 (CA)

Court of Appeal  •  Civil Appeal 43 of 2015  •  5 Apr 2017  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye

Judgement

RULING OF THE COURT

Before us is a Notice of Motion dated the 13th day of July, 2016 and lodged in the court’s sub-registry at Nyeri on the 24th day of August, 2016. It substantively seeks one relief with an attendant prayer for costs, namely:-

“1. That the Honourable Court be pleased to review its judgment delivered on 6th April, 2016 and order that the suit against the first respondent had abated and therefore no orders can be made in respect of land parcel number Magumoni/Mukuuni/1674 and the same should remain in the names of the deceased Jane Kabubu Muga.”

It is brought pursuant to Sections 3A and 3B of the Appellate Jurisdiction Act Cap 9 of the Laws of Kenya and all other enabling provisions of the law and has a supporting affidavit. It was opposed informally purely on points of law only.

In a brief submission before us, learned counsel Mr. Cheruiyot holding brief for Mr. Mutuma for the applicant, submitted that there is an apparent error on the face of the judgment delivered by th…

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