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Thomas K. Sambu v. Paul K. Chepkwony

(2018) JELR 94882 (CA)

Court of Appeal  •  Civil Appeal 234 of 2015  •  18 Oct 2018  •  Kenya

Roselyn Naliaka Nambuye, Sankale ole Kantai, Fatuma sichale



This is an appeal arising from the Ruling of the High Court, the Hon. Mr. Justice Sila Munyao, J. in Kericho ELC case Number 54 of 2014, dated the 24th day of July, 2015, dismissing the appellant’s suit with costs to the respondent.

The background to the appeal is that, the appellant filed Kericho HCCC No. 23 of 2009 against the respondent, vide a plaint dated the 20th day of February, 2009, and as amended on the 14th day of April, 2009, seeking inter alia, a declaration that he was the absolute proprietor of LR. No. Kericho/Ainamoi/409 (the suit property) and an order of eviction against the respondent. The respondent’s defence to that claim is not traced on the record. The suit was however, subsequently dismissed on the 29th day of June, 2011, for non-attendance. The appellant filed a Notice of Motion dated the 11th day of July, 2011, premised on order 12 Rule 7 of the Civil Procedure Rules (CPR) (repealed) and section 3 of the Civil Procedure Act (CPA), seeking …

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