Abdulsamad Ali
18 July 2008
Nairobi — The Court of Appeal Thursday ordered the verification of the status of a plot and a building whose ownership is in contention before an appeal can proceed.
Judges Samuel Bosire, Riaga Omolo and Emmanuel O'Kubasu, sitting in Mombasa, were surprised that the lawyers presented submissions without informing the court that the property had been sold to a third party.
Mr Kipkurui Ngeno, lawyer for appellant Festus Ogada, had presented his case for more than an hour before Mr Samuel Ouma, for respondent Hans Mollin, said that the plot and the house had been sold and a transfer effected.
Remarked Mr Justice Omollo:"You (Mr Ouma) should have told us that the land and house had already been sold instead of wasting precious judicial time on this matter. Do you know that the court can ban you from appearing before it?"
Mr Ouma apologised and said he thought the appellant's lawyer was aware of the situation. However, Mr Ngeno said he was not.
Mr Justice Bosire directed that the status of the Sh15 million property be ascertained before the court can issue further instructions. Once the status was verified, a new date would be set, he said.
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