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Charles Munyendo Olingo v. Salim Chetechi Makokha & Gregory Machanja Wamere

(2019) JELR 98399 (CA)

Court of Appeal  •  Civil Application 77 of 2018 (Ur. 51/2018)  •  3 Jul 2019  •  Kenya

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

Judgement

RULING OF THE COURT

Charles Munyendo Olingo, the applicant herein intends to appeal to this Court against the judgment and decree ensuing from the Environment and Land Court at Kakamega “ELC” (N. A. Matheka, J), dated 12th July, 2018. The applicant moved the ELC as the administrator of the estate of his late father, John Mashemo Olingo, hereinafter “the deceased Purchaser”, through an Originating Summons seeking confirmation of his claim over the parcel of land known as E/WANGA/ELUCHE/97 hereinafter, “the suit land”. It was his claim that the suit land was bought by the deceased purchaser in 1966 from the late Aura Matete, hereinafter “the deceased Vendor” and that they had been in occupation since then. The deceased vendor died in 2000 before transferring the suit land to the deceased Purchaser. The 1st respondent misrepresented himself to be the deceased vendor and changed the details of the ownership of the suit land at the lands office in his favor and thereafter unlawfully transfe…

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