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GITHU V. KATIBI

(1990) JELR 104851 (CA)

Court of Appeal  •  Civil Appeal 47 of 1989  •  5 Nov 1990  •  Kenya

Coram
Abdul Majid Cockar, Joseph Raymond Otieno Masime, James Onyiego Nyarangi

Judgement

JUDGMENTS

Nyarangi JA. This is an appeal from the judgment and order of the High Court (Porter, J) on the hearing of an originating summons filed on November 17, 1988 under section 57(8) of the Registration of Titles Act, cap 281 and under Order XXXVI rule 3B of the Civil Procedure Rules. The plaintiff prayed first, for orders that there be extension for the caveat beyond the forty five days mentioned in the notice by the Registrar of Titles and secondly for costs to be provided with.

Very shortly, the grounds for the application were that on January 20th, 1988, the plaintiff entered into a written agreement with the defendant, which they both executed, to purchase a portion of LR 2259/52 identified by a sketch plan attached thereto. The plaintiff then applied to the Registrar of Titles to protect his contractual right by way of a caveat which was registered as IR 6214/18 but the defendant applied for the removal of the caveat whereupon the Registrar caused a notice to be served upon th…

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