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Rimbi v. Rimbi & another

(1985) JELR 95232 (CA)

Court of Appeal  •  Civil Appeal 4 of 1985  •  24 May 1985  •  Kenya

Coram
John Mwangi Gachuhi, James Onyiego Nyarangi, Alan Robin Winston Hancox

Judgement

IN THE COURT OF APPEAL

AT NYERI

(CORAM: HANCOX and NYARANGI JJ A, GACHUHI AG JA)

CIVIL APPEAL NO 4 OF 1985

RIMBI ......................................APPELLANT

VERSUS

RIMBI and ANOTHER............RESPONDENT

JUDGMENT

(Appeal from the Judgment of the High Court at Nyeri (J. S. Patel J) in Civil Appeal No 152 of 1983, dated 15th November, 1984)

May 24, 1985, the following Judgments were delivered.

Gachuhi Ag JA: The appellant has appealed to this court against the consent order made on 15th November, 1984 by the trial Judge of the High Court at Nyeri, thus:

“By consent the respondent/defendant to give all necessary documents to facilitate the transfer of land title No. INOI/THAITA/173 in default, Executive Officer of this court to sign all such documents. No order as to costs of this application”.

Though the appeal is expressed to be against the judge’s decision of the 15th November 1984 it is clear from the memorandum of appeal and appellant’s submissions in support of it that he is in fact attack…

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