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HEZEKIA MICHOKI
V.
ELIZAPHAN ONYANCHA OMBONGI

(2008) JELR 98095 (CA)

Court of Appeal 5 Dec 2008 Kenya
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Case Details

Suit Number:Civil Appli 212 of 2008 (KSM 15/08)
Judges:John walter Onyango Otieno
Location:Kisumu
Other Citations:Hezekia Michoki v. Elizaphan Onyancha Ombongi [2008] eKLR

R U L I N G

In a judgment dated and delivered on 18th October, 2007, the superior court (Kaburu Bauni, J as he then was) declared the respondent ELIZAPHAN ONYANCHA OMBONGI, the son of and administrator of the estate of the original plaintiff in the suit JEREMIAH OMBONGI MANYURA, deceased, the owner of land parcel No. GESIMA/149 and restrained the applicant HEZEKIAH MICHOKI by himself, his servants and/or agents from claiming or interfering with the quiet possession and enjoyment of the said land by the respondent. The applicant was also directed to execute documents to transfer the said land to the respondent and in default the court Executive Officer would do the same.

The applicant’s counter-claim was also dismissed in its entirety and the applicant was ordered to pay costs of the suit. The applicant’s advocates are the same advocates representing him now. Apparently, the applicant felt aggrieved by the judgment. His advocate filed Notice of Appeal for him on 23rd October, 2007 but t…

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