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WILLIAM NJIHIA KIMANI
V.
FRANCIS WAWERU MBOCHI

(2020) JELR 92863 (CA)

Court of Appeal 20 Nov 2020 Kenya
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Case Details

Suit Number:Civil Application 142 of 2018
Judges:Martha Karambu Koome, Wanjiru Karanja, William Ouko
Location:Nairobi
Other Citations:William Njihia Kimani v. Francis Waweru Mbochi [2020] eKLR

RULING OF THE COURT

Like is always the norm with land disputes, this dispute has been in court since 1994. The current application was triggered by a decision made on 23rd November, 2010 by the High Court in which the respondent’s application seeking cancellation of the title deed issued in favour of the applicant was allowed. The applicant was aggrieved but did not lodge a notice of appeal. By an application dated 11th June, 2019, he sought from this Court leave to file the notice of appeal out of time.

Nambuye, JA in chambers, having dismissed the application, the applicant made a reference to a full bench, which also found no merit in the application and likewise rejected it on 7th August, 2020.

Even as these were happening, the applicant’s motion dated 14th November, 2018 remained alive. In it, he has asked that conservatory orders be issued in respect of certain parcels of land in addition to an order of injunction to restrain the respondent from evicting him from those parcels of l…

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