judy.legal
Login Register
πŸ“„ PDF

SOSIANI BUILDERS LTD V. NIRMAL SINGH SIDHU RAGHBIR SINGH SIDHU (SUING AS THE EXECUTOR OF THE WILL AND ADMINISTRATOR OF THE ESTATE OF THE LATE JAGIR SINGH SIDHU, MARY CHEPKIRUI, COMMISSIONER OF LANDS, CHIEF LAND REGISTRAR, UASIN GISHU DISTRICT LAND REGISTRAR & ATTORNEY GENERAL

(2020) JELR 93073 (CA)

Court of Appeal  •  Civil Application 70 of 2018  •  3 Apr 2020  •  Kenya

Coram
Hannah Magondi Okwengu, Jamila Mohammed

Judgement
<p class="ql-align-center">RULING OF J. MOHAMMED JA</p><p class="ql-align-justify">BACKGROUND</p><p class="ql-align-justify">1. By a judgment delivered at the Environment and Land Court (ELC) at Eldoret on 30th May 2018, Ombwayo, J. found that Sosiani Builders Ltd (the applicant) is the legally registered proprietor of Eldoret Municipality Block 8/12 (the suit property).</p><p class="ql-align-justify">2. Nirmal Singh Sidhu (the 1st respondent) being dissatisfied with the said judgment filed a notice of appeal dated 31<sup>st</sup> May 2018 against the entire judgment.</p><p class="ql-align-justify">3. Mary Chepkirui (the 2nd respondent) being also dissatisfied with the judgment filed a notice of appeal dated 4<sup>th</sup> June 2018 against the entire judgment.</p><p class="ql-align-justify">4. The applicant filed a notice of motion dated 16th July 2018 seeking to strike out the two notices of appeal dated 31st May 2018 and 4th June, 2018 on the grounds: -</p><p class="ql-align-justify">1) β€œTHAT the Notice of Appeal dated 31.5.2018 is defective hence should be struck out.</p><p class="ql-align-justify">2) THAT the Notice of Appeal dated 31.5.2018 was lodged and served after the expiry of 4 days as by law required.</p><p class="ql-align-justify">3) THAT the Notice of Appeal dated 4.6.…</p>

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login