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JOHN ONYANCHA ZURWE
V.
ORETI ATINDA

(2009) JELR 97751 (CA)

Court of Appeal 8 May 2009 Kenya
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Case Details

Suit Number:Civil Appeal 217 of 2003
Judges:Samuel Elikana Ondari Bosire, Daniel Kennedy Sultani Aganyanya, John walter Onyango Otieno
Location:Kisumu
Other Citations:John Onyancha Zurwe v. Oreti Atinda [2009] eKLR

JUDGMENT OF THE COURT

In a plaint dated 2nd January, 1998 and filed in court on 10th January 1998 the appellant as plaintiff, through his advocates, Messrs Soire and Company Advocates, sought from the superior court the following orders, namely:-

(a) A declaration that the plaintiff and defendant are equal partners in the purchase of one share in Ekerubo Farmers Co-operative Society.

(b) A declaration that the plaintiff is entitled to 23.5 acres being half share of plot No. Ekurubo/54 in Ekerubo Farmers Co-operative Society.

(c) An injunction restraining the defendant, his agents and/or servants from interfering with the quiet and/or peaceful possession of half share of plot No. Ekerubo/54 in Ekerubo F.C.S. Farm.

(d) Costs of this suit.

(e) Any other order this Court deems fit to grant.

The respondent, as defendant, through his advocates Messrs Onyinkwa and Company Advocates, filed a defence to the suit, dated 5th and filed in court on 6th February 1998 in which he averred inter alia that he…

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