Judgment[1989] KECA 51
Yalwala v Indumuli & another
Court of Appeal at Kisumu
Case law
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Division and case type: CivilCivil Appeal
the learned Senior Resident Magistrate ruled that the summons had been properly served under Order https://new.kenyalaw.org/akn/ke/judgment/keca/1989/51/eng@1989-03-14 4 V Rule 12 of the Civil Procedure Rules and dismissed the application. The appellant’s appeal against that ruling was similarly heard and dismissed by the High Court hence this second appeal.
Division and case type: CivilCivil Appeal
Consequently, the respondent asked for judgment against the appellant in the form of an eviction order and the costs, and interest on the costs, for having to bring this into court. The appellant claims that the same land was registered in the name of Mukui Kamau who allowed the appellant entry upon it in 1964 (which is twelve years before the respondent says the appellant trespassed on this land) and the appellant goes on to say that he has lived on it ever since, put up a house on it and plant