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USHAGO DIANI INVESTMENT LIMITED V. JABEEN MANAN ABDULWAHAB

(2019) JELR 95329 (CA)

Court of Appeal  •  Civil Appeal (Application) 60 of 2018  •  19 Dec 2019  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

RULING OF THE COURT

1. In its application presented to the Court on 24th December 2018, the applicant, Ushago Diani Investment Limited, seeks review of the judgment of the Court delivered on 11th October 2018. In the application in which provisions of the Civil Procedure Act and the Civil Procedure Rules that do not apply to this Court are invoked, the applicant, which was the appellant in the appeal, asserts that following the judgment of the High Court, it was ousted from the suit premises and lost colossal amount of money as a result of the eviction; that its position has not been determined especially whether to assume occupation of the suit premises; that the Court omitted to express itself on the rights of the applicant to reenter or remain in the suit property; that it is in the interest of all the parties that the judgment clearly spells out the rights of the applicant as regards the suit premises.

2. In his affidavit in support of the application, John Bradley, a director of th…

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