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…REPUBLIC OF KENYA Mugo v Republic High Court, at Nyeri April 22, 1985 Patel J Criminal Appeal No 26 of 1985 (Apepal form the DM II at Karatina, J G Gichuru Esq) Advocates Ndirangu for appellant Mugu for Republic the respondent…

…The Plaintiff’s Advocate opposed the application for adjournment and the Court agreed with her that because the Defendant’s Advocate had had ample opportunity to withdraw, he had not done so and was not entitled to an adjournment…

…James Gikaria Plaintiff’s advocate – Nil Plaintiff – present Defendant’s Advocate – Nil Defendant – present Land Surveyor Sworn in English/Swahili My name is Peter Njoroge. I am a district surveyor Kirinyaga.…

…In his submission the advocate for the defendant has urged the Court to ignore the conviction as the same was not pleaded. He has supported his argument with English authorities.…

…M/s Wetangula & Co Advocates for the defendant suggests a figure of Shs 80,000/- M/s KJ Kinyanjui a figure of Shs 170,000/-. Both have relied on case law.…

…The appellant through his advocate in opposing the application has deposed that the delay in setting the appeal down for hearing has been occasioned by the failure of the court to avail the proceedings of the trial court…

…But the applicant and his advocate managed to get to the venue of nomination before 1:00 p.m.…

…Gitobu Imanyara, Advocate who appeared for the Applicant. There are several annexures to the affidavit. I have perused them all.…

…Although served through his advocate Wachira Ruchathi (Ruchathi), the Respondent, did not appear.…

…Her advocates had told her, and she believed them, that because she had been there for more than 12 years against the will of Rucathi his title to this land had been extinguished under Section 17 of the Limitation of Actions…

…Advocates.…

…In his defence, the 1st defendant stated through Messrs Wanjiru Wambugu, advocate that he was a stranger to the allegation of the plaintiff.…

…It is of interest to note that the appellant's advocate Mr Ondaba in summing up the case, did not mention the baraza aspect of the defence.…