Y. F. O. MASAKHALIA & I. K. MUTUKU V. NAIROBI CITY COUNCIL, STEPHEN WAIGWA MURAGE, SIMON MBOGO MUCHIRI & JAMES WAHOME GITURO

JUDGMENT OF THE COURT

This is an appeal against the ruling of Aluoch, J. (as she then was) dated 28^th September, 2000 dismissing an application to set aside or review the vesting order granted by the self-same Judge on 25^th September, 1995.

The suit land original L.R. No. 209/9358 was originally registered in the name Yekoyada Francis Omoto Masakhalia and Isaiah Kitonga Mutuku, the appellants herein under Registration of Titles Act (RTA) as tenants in common in equal shares. By Civil Case No. 59 of 1991, Nairobi City Council (1^st respondent) sued the two appellants in Resident Magistrate’s City Court to recover arrears of rates amounting to 65,770/= upto 1989. The record of appeal does not contain proceedings in the City Court to show exactly what happened in the suit. It seems however, that the two appellants allegedly failed to attend the hearing and as a consequence, an exparte judgment was entered against them. By a notification of sale dated 4^th October, 1994, the 1^st respondent ad…