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NELSON MUGUKU V. RAPHAEL STEPHEN NDINGI MWANA A'NZEKI & PALEN D'SOUZA

(2010) JELR 96868 (CA)

Court of Appeal  •  Civil Application 325 of 2009  •  24 Mar 2010  •  Kenya

Coram
Erastus Mwaniki Githinji

Judgement
<p class="ql-align-justify">R U L I N G</p><p class="ql-align-justify">This is an application under Rule 4 of the <em>Court of Appeal Rules</em> (Rules) for extension of time within which to file and serve a notice of appeal and a memorandum of appeal against the ruling of the superior court Ang’awa, J. delivered on 22<sup>nd</sup> May, 2007.</p><p class="ql-align-justify">The dispute between the applicant and respondents (Church) relate to the ownership of L.R. No. 12948/272 (suit land) Mountain View Estate, Kangemi measuring approximately 0.00908 of a hectare or 0.224 of an acre.</p><p class="ql-align-justify">On 27<sup>th</sup> February, 2003 the Church filed a suit against the applicants seeking, among other reliefs, a declaration that the suit land belongs to the church and a permanent injunction restraining the applicant from interfering with the church’s quiet possession. The church averred in the plaint, <em>inter alia</em>, that it was allocated the suit land by the Commissioner of Lands on 25<sup>th</sup> May, 2001; that the church accepted the allotment, paid requisite fees and developed the plot by constructing St. Joseph the Workers Catholic C…</p>

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