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SIMIYU v. SININO

(1985) JELR 96292 (CA)

Court of Appeal  •  civ app 108 of 84  •  24 Apr 1985  •  Kenya

Coram
Zakayo Richard Chesoni, James Onyiego Nyarangi, Alan Robin Winston Hancox

Judgement

REPUBLIC OF KENYA

Simiyu v. Sinino

Court of Appeal, at Kisumu April 24, 1985

Hancox JA, Chesoni and Nyarangi, Ag JJA

Civil Appeal No 108 of 1984

(Appeal from the judgment and order of the High Court at Kakamega, Gicheru, J)

April 24, 1985, Hancox JA delivered the following Judgment.

This appeal arises out of an attachment carried out by the Court Broker at Kakamega, one Moses Wabuko, whereby several items of furniture and sixteen head of cattle were seized items of furniture and sixteen head of cattle were seized pursuant to warrants of attachment and sale issued by the District Magistrate at Bungoma, dated apparently August 15, 1975. The property was said by the Appellant in his evidence to have been attached on September 10, 1975, and detained until January 6, 1976. The movable items of furniture and form equipment belonged to the Appellant, and the sixteen head of cattle which were grazing in the filed belonged to the neighbours. As a result of objection proceedings taken not only by the …

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