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RAJ SINGH BHATTI
V.
DHRUV KUMAR BHATTI & ANOR.

(2024) JELR 112727 (CA)

Court of Appeal 6 Dec 2024 Kenya
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Case Details

Suit Number:CIVIL APPLICATION NO. NAI. 209 OF 2020
Judges:ASIKE-MAKHANDIA, JA S. ole KANTAI, JA ALI-ARONI, JA
Location:Nairobi

RULING OF THE COURT

1. Before us is a Notice of Motion dated 31st July 2020, brought under rules 1 (2), 5 (2) (b), 41, 42, 43, and 47 of this Court’s Rules and all other enabling provisions of law. The application is made subsequent to the judgment and decree of the High Court, Constitutional and Human Rights Division, Korir, J. (as he then was) in Petition No. 22 of 2020. By the judgment and decree, the trial court dismissed the applicant’s petition in which he had claimed violation of his constitutional rights by the respondents and sought that: he be reinstated into the LR. No. 209/7509 - 308 Ewaso Ngiro Park (“the suit property”); the respondents be precluded from harassing him; that the Court do appoint a medical practitioner to assess whether by reason of impaired memory or as a consequence of undue influence, Jagdish Ram Singh Bhatti (“the father”), was incapable of managing his financial and legal affairs; that until then, he be appointed as guardian of the father and manager o…

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