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|Case Number:||Misc. Application Case 135 of 2014|
|Parties:||Joseph Wasike Sumbule Alias Wasike Sumbule v Charles Khaemba Wafula|
|Date Delivered:||09 Dec 2015|
|Court:||High Court at Bungoma|
|Judge(s):||Samwel Ndungu Mukunya|
|Citation:||Joseph Wasike Sumbule Alias Wasike Sumbule v Charles Khaemba Wafula  eKLR|
|Case Outcome:||Application allowed.|
|Disclaimer:||The information contained in the above segment is not part of the judicial opinion delivered by the Court. The metadata has been prepared by Kenya Law as a guide in understanding the subject of the judicial opinion. Kenya Law makes no warranties as to the comprehensiveness or accuracy of the information|
REPUBLIC OF KENYA
IN THE HIGH COURT OF KENYA AT BUNGOMA
MISC. APPLICATION CASE NO.135 OF 2014
JOSEPH WASIKE SUMBULE alias WASIKE SUMBULE………………..APPLICANT
CHARLES KHAEMBA WAFULA……………………………….……………RESPONDENT
 The applicant prays that the orders granted to respondent on 20/5/2015 from his application dated 31/12/2014 be set aside. He equally prays that he be given time to file a replying affidavit to that application so that proper orders are given upon hearing both sides. It is argued that the property quoted on the first application 1459 is not the same as the one quoted in the extracted order as 1469.
 The respondent opposed the application he says that the same is not honest. That he sold 3 acres of land to the applicant and he wanted the land surveyed so that he can have his 2 acres and the applicant his three acres. He relied on his application paragraph 5.
 I have perused the application and I note that the Complaint is that the applicant was not served with the application dated 31/12/2014. The respondent has not denied that fact. In the interest of justice, the applicant should be afforded a chance to reply to that application. It is his Constitutional right.
 I therefore order that the orders made on 20/5/2015 are set aside. All other consequential orders made arising of that order are also set aside. The applicant is allowed to file a replying affidavit within 30 days from this ruling and the application shall be fixed for hearing on merits.
Each party shall bear its own costs.
DATED at BUNGOMA this 2nd day of December, 2015