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Daudi Kiptugen v. Commissioner of Lands, Nairobi, Chief Land Registrar, Nairobi, Attorney General, Heldo Food Stuff Limited, District Land Registrar, Eldoret & Heldo Foodstuff Limited

(2016) JELR 102872 (CA)

Court of Appeal  •  Civil Appeal 67 of 2015  •  23 Sep 2016  •  Kenya

Coram
Festus Azangalala, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

The dispute in this appeal concerns the triple allocation of a property known as Eldoret Municipality Block 7/154, (the disputed property) to different parties, namely the appellant, Daudi Kiptugen (Daudi), the 4th respondent, Heldo Foodstuff Limited (HFL) and an Interested Party, Haron Chepkilot Kipsang trading as Heldo Foodstuffs (HF).

In his claim, Daudi sought various orders, including an order of mandatory injunction to restrain the 1st and 5th respondents from issuing another lease and certificate of lease over the disputed property to HFL; and order for the 1st and 2nd respondents to reinstate the expunged original records relating to the appellant’s ownership of the disputed property; a declaration that the allotment of lease dated 26th June 1999 to HFL was fraudulent, illegal, null and void and an order for the cancellation of that lease, and finally a declaration that Daudi was the bona fide owner of the disputed property.

Daudi claimed that he was registe…

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