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Ali Mbwana & 11 Others v. Mohamed Ali Askul

(2015) JELR 106851 (CA)

Court of Appeal  •  Civil Appeal 25 of 2014  •  6 Aug 2015  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

The eleven (11) appellants and the respondent stake competing claims to some six (6) sub-divisions of unsurveyed Plot No.284/111/MN KANAMAI-MTWAPA, KILIFI namely 4601,4602,4603,4604,4605 and 4606. The respondent’s claim is summarized in paragraphs 3,4,5 and 6 of his amended plaint as follows;

“3. The plaintiff is and was at all material times the registered owner entitled to the possession of lands comprised in the titles known as CR, 42311 and 42309 and or portions Nos.4601,and 4606 Section III.M.N.

4. The plaintiff further states that he purchased the Suit premises property as a share of 5.09 acres in the years 1999, 2000 and 2001 of the unsurveyed Plot No.284/III/MN.

5. Pursuant thereto, the Plaintiff identified the suitable area for possession whereby he agreed with the Defendants that he would assist them in obtaining titles for the portions they occupied.

6. In pursuance thereof the Plaintiff did subdivide the property and caused to be prepared deed plans for po…

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