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FANIKIWA LIMITED
V.
SIRIKWA SQUATTERS GROUP & 10 ORS

(2019) JELR 97432 (CA)

Court of Appeal 17 Oct 2019 Kenya
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Case Details

Suit Number:Civil Appeal (Application) 45 of 2017
Judges:Philip Nyamu Waki Hannah Magondi Okwengu Jamila Mohammed
Location:Eldoret
Other Citations:Fanikiwa Limited v. Sirikwa Squatters Group & 10 others; Ahmed Ferej & 82 others (Applicants) [2019] eKLR

RULING OF THE COURT

[1] Fanikiwa Limited is the appellant in Civil Appeal No. 45 of 2017 in which it seeks to impugn the judgment that was delivered on 9th February, 2017, by the Environment and Land Court (Ombwayo J) in Petition No. 4 of 2016. Following an application by Prof. Ojienda, counsel for the appellant, the Court made orders on 1st October, 2018, inter alia, that the appellant publish, within fourteen days, a notice to the public in one of the daily newspapers with a wide circulation of the existence of the judgment appealed from and its effect, and the existence of the appeal and two other appeals.

[2] As a result of the publication of the said notice, nine applications have been filed and canvased before us in which respective parties are seeking to be joined in the three appeals as interested parties under Article 40(6), 50(1) and 159 of the Constitution, section 3A and 3B of the Appellate Jurisdiction Act and Rule 77 and 90 of the Court of Appeal Rules.

[3] The litigation r…

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