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Board of Trustees National Social Security Fund v. Judy Wambui Muigai

(2017) JELR 103551 (CA)

Court of Appeal  •  Civil Appeal 262 of 2013  •  29 Sep 2017  •  Kenya

Coram
Milton Stephen Asike Makhandia, Agnes Kalekye Murgor, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

The dispute in this appeal concerns the property known as Tassia – Nairobi/ Block 97/16 originally owned by the appellant. On or about 26th February 2002 the appellant offered to sell to the respondent the property under the tenant purchase scheme for the sum of kshs.862,000/-. The respondent duly made good her part of the bargain by paying in total a sum of kshs.875,445/- to the appellant, on the basis of a letter of offer. The additional sum of kshs.13,445/- above the purchase price aforesaid was default interest on the instalments. Thereafter, the respondent took possession of the property and proceeded to erect thereon temporary structures in which she carried on hardware business. As the business grew she incorporated a company, Subati Timber and Hardware Limited in which she and her husband were the sole shareholders. After possession aforesaid, it soon came to the respondent’s knowledge that in fact the property had been sold by the appellant to another per…

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