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ONESMUS SINTOLE SAIDIMU
V.
SANE OLE SAIDIMU NKIKOORA & 5 OTHERS

(2021) JELR 93360 (CA)

Court of Appeal 29 Jan 2021 Kenya
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- Nkikoora, alleged owner of suit property Kajiado/Purke/334, died before Nairobi ELC No. 1209 of 2015 (later Kajiado ELC No. 943 of 2017) was filed in his name; Semenkurr, his personal representative, sought substitution in that suit and j

Case Details

Suit Number:Civil Appeal 223 of 2019
Judges:Roselyn Naliaka Nambuye, Hannah Magondi Okwengu, Fatuma sichale
Location:Nairobi
Other Citations:Onesmus Sintole Saidimu v. Sane Ole Saidimu Nkikoora & 5 others [2021] eKLR

JUDGMENT OF THE COURT

[1] On 27th February, 2019, the learned Judge of the Environment and Land Court (ELC) at Kajiado (C. Ochieng’, J) delivered a ruling in two applications. The first application dated 25th January, 2016 was filed in Nairobi ELC No. 1209 of 2015. In that application, it was sought to have the name of Nkikoora the plaintiff in the suit substituted with that of Semenkurr Sane Saidimu (Semenkurr). In the supporting affidavit sworn by Nkikoora’s advocate, it was deponed that Nkikoora died sometime in August 2015 and that the suit which was filed in June 2016 was wrongly filed in his name after his death, hence the application to have Semenkurr substituted as the plaintiff.

[2] The second application dated 17th April, 2018 was filed in Kajiado ELC No. 332 of 2017 by Semenkurr seeking to be enjoined in that suit as an interested party and also to have the consent entered on 31st July, 2017 set aside. The grounds upon which the application was based are that Semenkurr is the…

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