MIWANI SUGAR MILLS LIMITED & ANOTHER
V.
CROSSLEY HOLDINGS LIMITED & 2 OTHERS

JUDGMENT OF ASIKE-MAKHANDIA, JA

This is an appeal from the ruling of the High Court, (H. K. Chemitei, J.) delivered on 15^th October, 2015 in which the 1^st appellant’s application seeking that an order be directed at the Registrar of Titles or the Principal Registrar of Titles to cancel entry numbers 30, 31 and 32 registered against title Number LR No. 7545 (I.R No. 21038, hereinafter “the suit property”, was dismissed with costs. In the ruling the learned Judge directed parties to file a substantive suit in the right forum, that is, the Environment and Land Court (ELC).

The brief background to this appeal is that on 28^th June, 1993 the 2^nd respondent filed Civil Suit Number 225 of 1993 in the High Court at Kisumu claiming $400,000 from the 1^st appellant for work done and services rendered. Summons were duly issued but were never served. The suit remained dormant until an application for extension of validity of summons was filed, heard and allowed in May 2007. On 20^th June, 2007 ex-part…