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OLERAI INVESTMENTS LIMITED V. KENYA INSTITUTE OF MASS COMMUNICATION & ATTORNEY GENERAL

(2020) JELR 94285 (CA)

Court of Appeal  •  Civil Application 27 of 2020  •  7 Aug 2020  •  Kenya

Coram
Hannah Magondi Okwengu

Judgement

RULING

1. The applicant has moved this Court under Rule 4 of the Court of Appeal Rules, seeking to have the time within which to file its intended record of appeal extended. The intended appeal is in regard to a judgment dated 12th September 2018 relating to a suit (H.C.C.C No. 2348 of 1996) which was filed by the applicant against the respondents on 20th September, 1996.

2. The applicant had sought in the suit to have the respondents evicted from land known as L.R No. 209/12046 (suit property), andan order to have the fence erected around the suit property by the 1st respondent removed. A defence filed by the respondents was struck out and the matter proceeded for formal proof before Visram, J (as he then was ). On 24th May 2001, Visram J awarded the applicant general damages of Kshs. 3,100,000, but failed to give orders on the prayers for eviction and removal of the fence. The applicant then filed an application for review of the judgment delivered on 24th May, 2001 on the ground that…

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