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Shanzu Investments Ltd v. Commissioner of Lands

(1993) JELR 94134 (CA)

Court of Appeal  •  Civil Appeal 100 of 1993  •  19 Nov 1993  •  Kenya

Coram
Philip Kiptoo Tunoi, Richard Otieno Kwach

Judgement


REPUBLIC OF KENYA

IN THE COURT OF APPEAL OF KENYA

AT NAIROBI

Civil Appeal 100 of 1993

Shanzu Investments Ltd.............................................APPLICANT

Versus

Commissioner of Lands.........................................RESPONDENT

JUDGMENT

November 19, 1993, Kwach, Muli and Tunoi JJ A delivered the following Judgment.

This is an appeal against the ruling of the High Court of Kenya at Nairobi (Couldrey, J) made on an application by the defendant, now the respondent, in a motion to review the judgment entered for the Plaintiff, the appellant herein, against the respondent on 8th October, 1992. The Superior Court in granting the applicant held inter alia as follows:-

“It will be much quicker for the plaintiff if I allow the motion, review the judgment and set it aside, then the plaintiff can serve the Attorney – General and the matter of interest can be determined on an interlocutory application, presumably, if the Attorney-General enters an appearance or files a defence, on an app…

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