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M'IKIARA M'RINKANYA & ANOTHER
V.
GILBERT KABEERE M'MBIJIWE

(2007) JELR 104558 (CA)

Court of Appeal 31 Jul 2007 Kenya
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Case Details

Suit Number:Civil Appeal 124 of 2003
Judges:Philip Kiptoo Tunoi JA Emmanuel Okello O'Kubasu JA Erastus Mwaniki Githinji JA
Location:Nyeri
Other Citations:M'IKIARA M'RINKANYA & ANOTHER v. GILBERT KABEERE M'MBIJIWE [2007] eKLR

JUDGMENT OF THE COURT

The two appellants are aggrieved by the judgment and decree of the superior court at Meru (Kasanga Mulwa, J.) in Meru High Court Civil Case No. 216 of 2001 (2001 suit) dated 23rd January, 2003 whereby the superior court dismissed the appellants’ suit against the respondent. In the dismissed suit, the appellants’ had sought a declaration, inter alia, to the effect that by virtue of section 4 (4) of the Limitation of Actions Act, the respondent could not take any action including execution in respect of the decree/judgment in Meru Senior Resident Magistrate’s court Civil Suit No. 115 of 1979 (the 1979 suit).

The 1979 suit was filed by the respondent herein Gilbert Kabeere M’Mbijiwe, a former Minister in the Government, on 17th November, 1972 against M’Ikiara M’Rinkanya (1st appellant) and Sebastiano Nyamu (2nd appellant) for eviction of the respondents from plot No. 58 Nkubu market, Meru, allegedly allocated to the respondent by Meru Country Council in 1967. The appe…

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