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HABIL NDISI & ORS
V.
PASKALI OUMA MUDAKHI & 3 ORS

(2018) JELR 97824 (CA)

Court of Appeal 25 Oct 2018 Kenya
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Case Details

Suit Number:Civil Appeal (Application) 53 of 2014
Judges:Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed
Location:Kisumu
Other Citations:Habil Ndisi & 10 others v. Paskali Ouma Mudakhi & 3 others [2018] eKLR

RULING OF THE COURT

[1] The appellants have filed two applications in the pending Civil Appeal No. 53 of 2014. The first application is dated 20th August, 2015 brought under Rules 29 (1) (b) and 42 of the Court of Appeal Rules, 2010 (Rules) and seeks two main orders namely:

(1) The valuation report of suit properties be admitted as new and/or further evidence.

(2) The 1st to 7th appellants be granted leave to adduce further grounds of appeal being:

“7. THAT the learned judge erred on evidence and law in declaring the appellants trespassers and ordering their eviction empty handed. (Sic).

8. THAT the learned trial judge failed on evidence and in law to consider the clear provisions of the Kenya Constitution, the principles of Equity and other laws applicable.” (Sic).

The second application which is dated 30th November, 2016 is brought under Rule 29 (1) (b) of the Rules; Article 159 (2) of the Constitution, sections 1A, AB, 3A, 78 (1) (d) of the Civil Procedure Act and Order 42 Rule 27 (1) (b…

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