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Charles Langat v. Mukesh Kumar Kantilal Patel

(2019) JELR 103289 (CA)

Court of Appeal  •  Civil Appeal 105 of 2018  •  3 Oct 2019  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

By a Plaint filed at the High Court at Kericho dated 5th August 2014 the appellant, Charles Langat filed suit against the respondent, Mukesh Kumar Kantilal Patel seeking for the following orders in respect of a parcel of land which was formerly known as L.R No. 7288/94 and subsequently registered as lease number Sotik Township/667 (suit property) measuring approximately 0.2627 hectares within Bomet County;

a) An order of vacant possession

b) mesne profits

c) unpaid rent for 36 months from July, 2011 at the rate of Kshs. 50,000/- per month.

The appellant was an employee of Kenya Commercial Bank (KCB), until December, 2014, when he opted for early retirement. He stated that the suit property belonged to KCB and was offered for sale in 2001. One Mr Shigali who was then the branch manager, Sotik Branch successfully out bided the appellant for the suit property in the same year. Mr. Shigali paid KCB only Kshs. 1,100,000 out of the purchase price of Kshs. 1,750,000 and afte…

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