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Patrick Kitamonge Leparleen v. Maralal Town Council

(2020) JELR 95166 (CA)

Court of Appeal  •  Civil Application 140 of 2017  •  10 Jul 2020  •  Kenya

Coram
Hannah Magondi Okwengu, Fatuma sichale, Patrick Omwenga Kiage

Judgement

RULING OF THE COURT

[1] By a notice of motion dated 18th December, 2017 the applicant Patrick Kitamonge Leparleen has moved this Court under Section 3(2), 3A and 3B of the Appellate Jurisdiction Act and the inherent powers of the Court, seeking to have the judgment delivered by this Court on 22nd July 2016 in Nakuru Civil Appeal No. 146 of 2014 recalled and reviewed. The application is supported by an affidavit sworn by the applicant on 18th December 2017 and a supplementary affidavit sworn on 21st February 2018.

[2] The background to the motion is that the applicant had sued Yare Safaris Limited and Maralal Town Council (the respondent herein), seeking a declaration that he is the lawful owner of the piece of land compromised in a grant known as IRM.6185, and an order of vacant possession against Yare Safaris Limited. The respondent filed a defence and counterclaim in which it sought inter alia , a declaration that it was the proprietor of the land comprised in the grant, and that an o…

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