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Christopher Mwangi Kioi v. Chief Land Registrar, Peter Maehlmann & Elizabeth Maehlmann

(2017) JELR 103184 (CA)

Court of Appeal  •  Civil Appeal 317 of 2012  •  24 Mar 2017  •  Kenya

Coram
Martha Karambu Koome, Sankale ole Kantai, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

In the plaint filed at the High Court of Kenya at Nairobi the appellant, Christopher Mwangi Kioi sued the respondents – The Chief Land Registrar (“1st respondent”), Peter Maehlmann (“2 nd respondent”) and Elizabeth Maehlmann (“3 rd respondent”) where it was claimed inter alia that the appellant was the registered proprietor of a parcel of land known as LR No. Nairobi/Block 112/29 situate at Runda Mimosa Estate, Nairobi (“the suit land ”) having acquired it on 25th September, 1998 when he was issued with a Certificate of Lease by the 1st respondent. The appellant further claimed that he paid the purchase price for the said land to the advocates of the 2nd and 3rd respondents M/S P.G. Mburu Advocates and that a transfer was duly registered in his favour whereafter he took possession of the suit land. Such possession was nonetheless interrupted by the 2nd and 3rd respondents who appeared on the suit land and laid claim to it stating that they had not sold the suit la…

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