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EZRA ODONDI OPAR
V.
TOTAL KENYA LTD

(2002) JELR 97856 (CA)

Court of Appeal 29 Nov 2002 Kenya
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Case Details

Suit Number:civ app 351 of 00
Judges:Amrittal Bhagwanji Shah Philip Kiptoo Tunoi Richard Otieno Kwach
Location:Kisumu
Other Citations:Ezra Odondi Opar v. Total Kenya Ltd [2002]eKLR

JUDGMENT OF THE COURT

The appellant, EZRA ODONDI OPAR, is aggrieved by the ruling of Wambilyangah, J. made on 28th June, 2000 by which the learned Judge declined to strike out the defence and counter-claim on the ground that they were frivolous, vexatious and abuse of the process of the Court.

The facts underpinning this appeal are simple and may be briefly stated as follows. The parties executed a lease agreement in regard to the appellant's land known as Central Karachuonyo/Konyango/1543 whereby the land was leased to the respondent company for the purposes of erecting and operating a petrol station with effect from 1st January, 1988, for a term of twenty (20) years. The main complaint by the appellant before the learned Judge was that the purported lease is void and unenforceable for lack of a valid Land Control Board consent allegedly it having been given outside the six months period limited by the Land Control Act Cap 302 Laws oIfn Kheinsy a r.eserved ruling the learned Judge held…

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