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Estate Sonrisa Limited v. Samuel Kamau Macharia & another; Fidelity Commercial Bank Limited (Interested Party)

(2019) JELR 102360 (CA)

Court of Appeal  •  Civil Appeal 100 of 2018  •  17 Jul 2019  •  Kenya

Roselyn Naliaka Nambuye, Mohammed Abdullahi Warsame, James Otieno Odek



1. At all material times in this matter, the suit property is Title No. Kwale/Galu/Kinondo/50. Two certificates of title exist over the property one in the name of one Ali Khan Ali Muses and the other in the name of the 1st respondent in this appeal who was the plaintiff before the Environment and Land Court.

2. By a plaint dated 17th February 2014, the 1st respondent filed suit against the appellant, the 2nd respondent and one Ali Khan Ali Muses. The 1st respondent prayed for a permanent injunction restraining the appellant and the said Ali Khan Ali Muses from encroaching, trespassing, developing, alienating, selling or transferring or in any way dealing with the suit property in a manner that violates the 1st respondent’s rights over the property. A declaratory order was also sought to declare the 1st respondent as the legal owner of the suit property and an order to evict the appellant and Ali Khan Ali Muses from the suit property. The 1st respondent sought a fu…

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