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Esther Rita Mwelu Kyendo & Franz Seehuber v. Kazungu Ngari

(2016) JELR 98363 (CA)

Court of Appeal  •  Civil Appeal 59 of 2015  •  15 Jul 2016  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

In the year 1994 the respondent, Kazungu Ngari sold to one Judith Aoko Okola land parcel No. LR KILIFI/MTWAPA/1084 (the suit property) which shared a boundary with LR NO. KILIFI/MTWAPA/1083 (No. 1083) registered in the respondent’s name and occupied by him and his family. The said Judith Aoko Okola, in turn sold the suit property to the appellants, Esther Rita Mwelu Kyendo and Franz Seehuber in 2004. A dispute arose after the suit property was transferred to the appellants regarding its extent vis a’ vis the respondent’s parcel No. 1083, prompting the parties to appear before the Land Registrar, Kilifi and Malindi Districts on 22nd December 2005 pursuant to section 22 of the Registered Land Act (now repealed). The appellants contended before the Registrar that the respondent had encroached on the suit property and put up structures without their authority. The Land Registrar (Mrs. E.N. Thoya) who was assisted by a surveyor found that the mutation drawn by a privat…

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