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DANSON MUREU MACHARIA v. REPUBLIC

(2001) JELR 102992 (CA)

Court of Appeal  •  crim app 109 of 00  •  2 Nov 2001  •  Kenya

Coram
Johnson Evan Gicheru, Effie Owuor, Moijo Matayia Ole Keiwua

Judgement

JUDGMENT OF THE COURT

The appellant, Danson Mureu Macharia, was charged before the Principal Magistrate's Court at Muranga with the offence of obtaining Registration by false pretences contrary to section 320 of the Penal Code. It is alleged that on December 7, 1977, at Muranga Lands Office, he willfully procured for himself the registration of Land Parcel Number Location 2/KANGARI/589 by falsely pretending that he had bought that piece of land from the complainant, Ngachu Macharia. The complainant has denied that he sold or transferred the piece of land by way of gift to the appellant.

According to evidence tendered before the Magistrate's Court, the complainant hailed from Nyandarua District where he moved to from his original home at Kangari in Location 2 of Muranga District where this piece of land, the subject matter of these proceedings, is situated.

The complainant and the appellant in the appeal, are brothers. The complainant had given his brother the title to the land to charge …

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