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JOSEPH KAMAU MUSA & OTHERS
V.
ERERI COMPANY LIMITED & OTHERS

(2017) JELR 100701 (CA)

Court of Appeal 24 Mar 2017 Kenya
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Case Details

Suit Number:Civil Appeal 172 of 2006 & 21 of 2014 (Consolidated)
Judges:Festus Azangalala, Sankale ole Kantai, Fatuma sichale
Location:Nairobi
Other Citations:Joseph Kamau Musa & others v. Ereri Company Limited & others [2017] eKLR

RULING OF THE COURT

[1] When these consolidated appeals came up for hearing on 15th December, 2015, it was brought to the attention of the Court that the appeals affect thousands of other people who purchased portions of the disputed land and who may not be aware of the existence of the appeals. Those people had not been notified of the appeals as required by Rule 77 (1) of the Court of Appeal Rules as it transpired that copies of the notices of appeal lodged in the appeals, had not been served upon them and no leave to dispense with such service had been obtained. The Court, therefore, ordered the appellants to cause an advertisement of the appeals in both the Standard and the Daily Nation newspapers within twenty one (21) days of the date of the order.

[2] The order was duly complied with thereby provoking applications to join the appeals from the following:

(1) 155 applicants, represented by M/s J. A. Guserwa and Company Advocates.

(2) Cornerstone Preparatory Association, represented …

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