JOHN MACHARIA MUHUNI vs AUSTIN OWN MWANGUTI AND LIONS EXPORT AND IMPORT AGENCY LIMITED. [2002] KEHC 237 (KLR)

IN THE HIGH COURT OF KENYA

AT MOMBASA

MISC. CIVIL APPLICATION NO.493 OF 2002

IN THE MATTER OF: AN APPLICATION BY ELLISTON

MWANGEKA NDAU FOR VESTING

ORDERS OF PROPERTY KNOWN AS

PARCEL OF LAND (L.R. NO. 1956/502/VOI

CR. NO. 15542) WITHIN THE REPUBLIC OF

KENYA IN EXECUTION OF CERTIFICATE

OF SALE ISSUED ON 15TH DAY OF APRIL

2002 AT MOMBASA.

AND

IN THE MATTER OF: MOMBASA CHIEF MAGISTRATE’S CORUT

CIVIL CASE (CMSS) NO. 10 OF 1999 JOHN

MACHARIA MUHUNI VERSUS AUSTIN

OWN MWANGUTI AND LIONS EXPORT

AND IMPORT AGENCY LIMITED.

R U L I N G

I have perused the Notice of Motion herein. I have also perused the Affidavit in support of it and the annextures. I have also seen the original file before the subordinate court and particularly the orders delivered on 15th April, 2002 by the Senior Principal Magistrate. I am satisfied that the application is merited. It is granted in terms of prayers 1 and 2. No order as to costs. Orders accordingly.

Dated and Delivered at Mombasa this 6th Day of November 2002.

J.W. ONYANGO OTIENO JUDGE