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KIDHEKA MUTISYA NGATA
V.
EMMANUEL NGANDE NYOKA & 3 ORS

(2016) JELR 104659 (CA)

Court of Appeal 26 Feb 2016 Kenya
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Case Details

Suit Number:Civil Application 36 of 2015
Judges:Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti
Location:Malindi
Other Citations:Kidheka Mutisya Ngata v. Emmanuel Ngande Nyoka & 3 others [2016] eKLR

RULING OF THE COURT

By an application dated 14th June, 2015, the applicant moved this Court seeking to have the notice of appeal lodged in the High Court on 16th January, 2014 by the respondent deemed as withdrawn. The application is expressed to be brought under Rules 82(1) and 83 of this Court's Rules. This prayer is premised on the grounds that the respondent has failed to take essential steps towards presenting the appeal to this Court and that it is in the interest of justice that the notice of appeal filed herein be deemed as withdrawn.

A brief background of the dispute is that the applicant was successfully sued by Emmanuel Ngande Nyoka in Kilifi SRMCC No. 188 of 2005 for an order of specific performance in respect of an agreement touching on Plot No. Kilifi/Kijipwa/173 “the suit premises”. Dissatisfied with the outcome, the applicant lodged an appeal in the Environment and Land Court “ELC”, being Malindi ELC No 5 of 2009. However, during the pendency of that appeal, the responde…

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