judy.legal
Login Register

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

Coram
David Kenani Maraga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

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…

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