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ESTHER NGENDO
V.
SARATTHA INVESTMENT & 4 OTHERS

(2015) JELR 97547 (CA)

Court of Appeal 26 May 2015 Kenya
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Case Details

Suit Number:Civil Application Nai. 257 of 2013 (UR 187/2013)
Judges:Agnes Kalekye Murgor
Location:Eldoret
Other Citations:Esther Ngendo v. Sarattha Investment & 4 others [2015] eKLR

R U L I N G

By a Notice of Motion dated 25th April 2014 the applicant, has applied for time to be extended under Rule 4 of the Court of Appeal Rules 2010 within which to lodge and serve a record of appeal against a ruling of S. Munyao J, delivered on 26th February 2013.

The Notice of Motion before me is in respect of an Originating Summons (OS) filed in the High Court on 2ndJuly 2008. In the OS the applicant stated that she is an heir of the estate of the Late Jonah Njuguna Mwiko, and seeks inter alia a declaration that she was in personal occupation of property known as Title No Eldoret Municipality Block 7/107 for over 12 years prior to 1988; and a further declaration that the 2nd, 3rd, 4th and 5th respondents’ rights over the said parcel of land be extinguished by way of adverse possession upon the expiry of 12 years, during which period the applicant had open, peaceful and uninterrupted occupation, of the parcel of land, having occupied it since 1965; and that upon the expiry of the…

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