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Peter Salai Mwalagaya v. Murtaza Hussein Bandali

(1980) JELR 96346 (CA)

Court of Appeal  •  Civil Appeal 10 of 1980  •  30 Oct 1980  •  Kenya

Coram
Eric John Ewen Law, Cecil Henry Ethelwood Miller, Kenneth D Potter

Judgement

IN THE COURT OF APPEAL

AT MOMBASA

( Coram:Law, Miller and Potter JJA )

CIVIL APPEAL NO. 10 OF 1980

BETWEEN

PETER SALAI MWALAGAYA..........................................................APPLICANT

AND

MURTAZA HUSSEIN BANDALI..................................................RESPONDENT

(Appeal from the High Court at Mombasa, Kneller J)

JUDGMENT

This is an appeal from the decision and order of the High Court Mombasa (Kneller J), made on a preliminary objection as to practice and procedure at the hearing of a civil application in chambers. The application was by way of originating summons stated to be under section 57(5) of the Registration of Titles Act (cap 281) (hereinafter referred to as the act) and order XXXVI of the Civil Procedure Rules.

The applicant was one Peter Salai Mwalagaya; and the application was in respect of a plot of land of 5.77 acres ie Plot No 69 section II Mombasa Mainland North and as to which land the applicant claims “a purchaser’s interest.” The respondent to the applicati…

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