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Vincent Barasa Khayoni, Charles Barasa Wasike, Concesita Khayumbi Wasike, Isaac Simiyu Murefu, Christopher Wanyonyi, Jackton Shichenjuli Makokha, Patrick Wesonga Murefu, Calistus Kundu Murefu, Florence Nabwoba Tendemwa, Pius Simiyu Milimo, Vincent Wangila Tendemwa, Dounglas Wangila Mukhwana & Zainabu Akongo Olando v. Talitia Medical Training College, Principal Secretary Ministry of National Treasury, Intrim Clerk of The County Government of Bungoma, Manager Bumula Constituency Development Fund Committee, Principal Secretary Ministry of Health, Secretary National Land Commission, Commissioner of Land & Attorney General

(2017) JELR 94883 (CA)

Court of Appeal  •  Civil Appeal 266 of 2014  •  20 Feb 2017  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

1. The appellants are aggrieved by, and have appealed against an order issued by the High Court at Bungoma (A, Omollo, J.) on 26th June 2014 striking out their petition dated 31st May 2013 on the basis that they did not have “any witness to testify” on their behalf. In that petition, the appellants sought an order, amongst other reliefs, to restrain the respondents from evicting the appellants from a property known as Title Number West Bukusu/South Mateka/970, which they claim they lawfully occupy, and which according to them, is wrongly registered in the name of the 1st and 2nd respondents.

Background

2. The relevant background to this appeal, in brief, is that the hearing of the appellants’ petition was scheduled before the learned Judge on 26th June 2014. The appellants’ advocate applied for adjournment on the basis that appellants’ witness, one Mr. Makhanu, was not available as he was “involved in a meeting.”

3. The advocates for the respondents opposed the appli…

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