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Catherine C Kittony v. Jonathan Muindi Dome, Chairman Kapsaret Division Land Disputes Tribunal & Attorney General

(2019) JELR 103370 (CA)

Court of Appeal  •  Civil Appeal 88 of 2017  •  28 Nov 2019  •  Kenya

Coram
Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

This is an appeal from the judgment and decree of the Environment and Land Court at Eldoret (N. A. Matheka, J.) hereinafter “the ELC” delivered on 24th May, 2017 in which the appellant’s suit was dismissed with costs and the 1st respondent’s counter-claim allowed.

The brief background of the case leading to this appeal is that in the year 1998, the appellant made a successful bid for the purchase of land parcel Karuna/Sosiani Block 2 (Progressive)/157 hereinafter, “the suit land” measuring 11.6Ha for a consideration of Kshs. 450,000. It was sold by the National Bank of Kenya hereinafter, “the bank” in the exercise of its statutory power of sale after the chargee, James Thogo Mwai hereinafter, “ Mwai” had failed to service the loan advanced to him by the bank. For reasons that are not clear from the record the purchase price was later enhanced to Kshs.600, 000/=. The suit land was sold through Windmark Enterprises Ltd hereinafter, “the auctioneers”. A title deed was…

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