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Sumbeiyo Primary School,Paul Chebiego,Jacob Barmao & Michael Maiyo v. Kipsait Ayabei & Kangongo Chebiator

(2015) JELR 95280 (CA)

Court of Appeal  •  Civil Appeal 80 of 2010  •  25 Jun 2015  •  Kenya

David Kenani Maraga, Agnes Kalekye Murgor, Stephen Gatembu Kairu



In this appeal, the appellants, Sumbeiyo Primary School, Paul Chebiego, Jacob Barmao and Michael Maiyo seek for orders that:-

a) The decision and decree of the High Court given on 27th April 2007 be set aside;

b) The case be remitted for retrial before another judge;

c) The appellants be awarded costs in the appeal.

By way of a plaint dated 21st February 1998, the appellants prayed for judgment against the respondents as follows:-

a) A declaration that L.R No. Plateau/Chepkongony Block 2 (Sumbeiyo) 65 was fraudulently transferred to numbers Plateau /Chepkongony Block 2 (Sumbeiyo) 72 and 73 hence null and void and that the 1st plaintiff is the rightful owner;

b) Special Damages;

c) General Damages;

d) Costs of and incidental to this suit together with interest thereon at court rates;

e) Any further or other relief this Honourable court deems fit and expedient to grant.

On 24th April, 2004, a judgment was delivered by Dulu, J on behalf of Nambuye, J ( as she then was ) in whi…

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