IN THE COURT OF APPEAL
AT NAIROBI
CORAM: KARANJA, JA (IN CHAMBERS)
CIVIL APPLICATION NO. NAI 161 OF 2015 (UR 130/2015)
BETWEEN
MURAYA WANDUNGU..............................................APPLICANT
AND
NAOMI WANJIRU NDUNGU....................................RESPONDENT
(An appeal from the Ruling and Order of the High Court of Kenya at Nairobi (Osiemo, J) delivered on 27th June, 2006
in
HCCC NO. 137 OF 2003)
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R U L I N G
The parties herein have been in and out of court for several decades, the original suit, namely, SRM Civil Case No. 144 of 1993 before the Senior Resident Magistrate Court in Naivasha, having given rise to several applications, which have eventually culminated into the application before me.
It is important in order to put this application in its proper perspective, to recapitulate albeit briefly, the history of this matter. As stated earlier, the original suit was filed before the SRM Court in Naivasha. The same was however transferred to the Chief Magistrate Court …