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County Government of Meru v. Isaiah Mugambi M'muketha

(2017) JELR 103041 (CA)

Court of Appeal  •  Civil Appeal 80 of 2016  •  29 Dec 2017  •  Kenya

George Benedict Maina Kariuki, Sankale ole Kantai, Fatuma sichale



1. Isaya Mugambi M'Muketha, the respondent in this appeal, is described in the amended plaint in Suit No. 63 of 2004 in which the impugned judgment was delivered on 27th April 2016 as a businessman in Meru Town. He is and was at all material time the registered owner as lessee of the leasehold interest in the parcel of land known as MUNICIPALITY/BLOCK1/230 and BLOCK1/231 which measures 0.062 hectares (hereinafter referred to as “the suit premises”). The term of the lease of the suit premises was 99 years from 1st May 1995. The appellant is the County Government of Meru.

2. On 5th August 2004, the respondent sued The Attorney General, The Permanent Secretaries in the Ministries of Lands and Housing and Local Government and the Municipal Council of Meru which is the appellant in this appeal. The respondent averred that he was the legal owner of the suit premises. The respondent alleged that during the currency of the two leases, he started developing the suit premise…

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