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Hellen Makone v. Brenda Michieka

(2015) JELR 105367 (CA)

Court of Appeal  •  Civil Appeal 100 of 2012  •  23 Sep 2015  •  Kenya

Coram
Wanjiru Karanja, Sankale ole Kantai, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

The appellant and respondent are biological sisters. By a plaint dated 21st October 2011, the respondent filed a suit against the appellant claiming the sum of Kshs. 18,500,000/= being the market value of half (1/2) an acre of a plot at Runda Estate in Nairobi. The respondent further claimed exemplary and restitution damages as well as costs of the suit.

The facts giving rise to the respondent’s claim are that on or about 1993 while the respondent was in the United States of America, she sent US $ 5,700 to the appellant for purchase on her behalf of 1⁄2 an acre of land in Runda Estate in Nairobi; that the appellant fraudulently represented to the respondent that she had purchased the 1⁄2 acre plot when in fact she had not purchased the same but purchased a plot and registered it in her own (appellant’s) name. That on several occasions the appellant pointed out different plots to the respondent; that when the respondent came to Kenya in July 2011, she discovered tha…

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