ROBIN GITHINJI V PETER WANJOHI WARUI & ANOTHER [2013] KEHC 3061 (KLR)

REPUBLIC OF KENYA

High Court at Embu

Civil Case 83 of 1998 [if gte mso 9]><xml>

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ROBIN GITHINJI...................................................................PLAINTIFF

VERSUS

PETER WANJOHI WARUI.........................................1ST DEFENDANT

KERUGOYA KUTUS MUNICIPALITY COUNCIL...........2ND DEFENDANT

AMENDMENT OF JUDGMENT

UNDER SECTION 99 OF THE CIVIL PROCEDURE ACT

On 17/4/2013 this file was placed before me with a request that I clarify an issue concerning the size of Plot 90 and Plot 592 each measured 50ft by 100ft. The Deputy Town Clerk stated that Plot 90 initially measured 100ft by 100ft but after subdivision was reduced to 50ft by 100ft. But this subdivision was irregular.

And having found that Plot 592 is not part of Plot 90 and that the supposed to have been subdivision of Plot 90 was irregular, I do find that Plot 90 maintains its original size i.e. 100ft by 100ft. I think the clarification has been made, under the provision of Section 99 of the Civil Procedure Act upon the request of both parties.

DELIVERED, SIGNED AND DATED AT EMBU THIS 3RD OF MAY 2013.

H.I. ONG'UDI

JUDGE

In the presence of:-

N/A for or by parties

Njue CC