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Michael Mungai v. Housing Finance Company (K) Ltd,Kenya Building Society Ltd,Taifa Auctioneers,Christopher Avisa & Kenya Commercial Bank Limited/KPCU

(2017) JELR 99105 (CA)

Court of Appeal  •  Civil Application 288 of 2008  •  29 Sep 2017  •  Kenya

Coram
Milton Stephen Asike Makhandia, Paul Kihara Kariuki, William Ouko

Judgement

RULING OF THE COURT

What this Court is being called upon to determine by the applicant acting in person, is a motion on notice dated 18th August 2016. The applicant describes the application as:

ā€œan application for restoration, compensation and settlement of endorsed and stated bills for reinstatement, intrusion (direct and indirect), stated damages and costs and other expenses, in enforcement and execution of served lawful orders, decrees, rulings, determination, warnings, notices and bills etc.ā€

The application is expressed to be brought under ā€œArticles 23, 24, 25, 27, 28, 29, 35, 40, 46, 47, 49, 50, 159, 164 and 259 and others of the Constitution of Kenya, as read with sections 1A and B, 3A and B, 7, 33, 34, 38, 51, 68, 78, 64, 80, 91-100 and Order 22, 42, 43,45 of the Civil Procedures Act CAP 21, together with Sections 2, 5, 35, 41 and 74, 103 and others of the appellant jurisdiction act CAP 9, sections 60, 74, 77, 104 (2) of the TPA, (sections 7, 34, 43, 61 and 78) of the repealed Lā€¦

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