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…filed in court on 22nd October, 2021 states that he found that part of LR No 1317/677 encroaches on…

…RESPONDENT (Being an appeal from the Judgment of the High Court of Kenya at Kakamega (E.C. Mwita J) dated…

…Court relies on the decision of Mabeya J in Mugure & 2 Others V Higher Education Loans Board (petition E002 OF…

…legitimate owner of the suit property. Defendants Submissions 23. The Defendants have highlighted two issues for the courts determination namely…

…The jurisdiction of the Court to review orders is provided under the provisions of Section 80 of the Civil Procedure…

…Daniel G.B Kibuuka Musoke & Another Ugandan High Court Civil No. 108 of 2011which cited the case of Lazarus Pearsley…

…of 2020 awarding the respondent kshs 561,677/= pending the hearing and determination of this application. 4. This court be…

…The other suit is Mombasa High Court Miscellenous Civil Application No. 131 of 1991 where the orders of Mandamus issued…

…a higher court. Therefore, the court finds the application lacking merits since it cannot sit on appeal of its own…

…The Applicant filed a reference to this court in which he sought the following orders: a. That the decision of…

…While this court appreciates the decision of the High Court made on February 23, 2021, this court is still obligated…

…c) Interest on (a) and (b) above at court rates from the date of filing this Statement of Response and…

…The Appellant prayed that the orders of the trial court made on 17th November 2021 be set aside and be…

…123 for the holding inter alia, that: “ An appeal from the High Court is by way of a re-trial…

…An appeal to the Court of Appeal from a trial by the High Court is by way of a retrial…

…the High Court and the Court of Appeal on merits and that the Ruling by the High Court had not…

…An 3 appeal to the Court of Appeal from a trial by the High Court is by way of a…

…a suit in the High Court to wit Nairobi Misc Case Number E 677 of 2020 which was rejected and…

…They made reference to the case of the African Highland Produce Ltd –vs- John Kisorio (2001) eKLR, where the Court…

…Shah [2016] eKLR, the court [Mativo J as then was] highlighted the meaning of mesne profits as hereunder; In Bramwell…