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NYANDUNDO PRIMARY SCHOOL & ANOTHER V. STEPHEN WAWERU

(2001) JELR 94910 (CA)

Court of Appeal  •  CIVIL APPEAL NO. 179 OF 1999  •  16 Mar 2001  •  Kenya

Coram
Richard Otieno Kwach

Judgement

REPUBLIC OF KENYA

IN THE COURT OF APPEAL

AT NAKURU

CORAM: KWACH, SHAH and O'KUBASU, JJ.A.

CIVIL APPEAL NO. 179 OF 1999

BETWEEN

NYANDUNDO PRIMARY SCHOOL ......................................................................................... 1ST APPELLANT

THE DIRECTOR OF LAND ADJUDICATION and SETTLEMENT ............................................... 2ND APPELLANT

AND

STEPHEN WAWERU ..................................................................................................... RESPONDENT

(An appeal from the Judgment and Decree of (Hon. Mr. Justice

D. Rimita) dated 13th April, 1999

in

H.C.C.C. NO. 391 OF 1994)

**********

JUDGMENT OF KWACH, J.A.

Stephen Waweru (the plaintiff) filed a suit in the Principal Magistrate's Court at Nakuru against Nyandundo Primary School (the first defendant) and the Director of Land Adjudication and Settlement (the second defendant) in October 1987 and sought the following, among other, reliefs -

"(a)a declaration that the second defendant sold the suit …

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