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PATRICK TUMBO NYAMEMBA
V.
MARITUAI KARINGITHE & 4 OTHERS

(2020) JELR 93058 (CA)

Court of Appeal 2 Oct 2020 Kenya
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Case Details

Suit Number:Civil Application 132 of 2020
Judges:Daniel Kiio Musinga, Mohammed Abdullahi Warsame, Fatuma sichale
Location:Nairobi
Other Citations:Patrick Tumbo Nyamemba v. Marituai Karingithe & 4 others [2020] eKLR

RULING OF THE COURT

1. By a Notice of Motion dated 10th July 2020, the applicant, Dr. Patrick Tumbo Nyamemba seeks to be enjoined to the proceedings as an Interested Party.

2. Briefly, the facts giving rise to this application are that sometime in October, 2010 the applicant legitimately purchased Land Reference Ngong/Ngong/52496 and Land Reference Ngong/Ngong/52503 (the suit properties) from the 1ST APPLICANT/1ST RESPONDENT and the estate of the late Rangida Ole Mosiro for Kshs.16,000,000; that he was not aware the suit properties were involved in Court proceedings in ELC No. 372 of 2017 (formerly Environment and Land Cause No. 963 of 2006) and he only came to learn of the said proceedings and subsequent decision in the matter on or about December 2019 where the Court ordered the eviction of the occupants from the suit properties.

3. The application is supported by the affidavit of the applicant where it is deponed that: there is an application before this court seeking orders of stay o…

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