JOHN KAMAU GACHINA V. SAFIA SALIM KARAMA

JUDGMENT OF THE COURT

The bone of contention in this appeal, like in the trial court, is the ownership of L.R No. 8097 (original No. 4830/6) Section 1 M.N. (the suit property). On one hand, the appellant claims it by virtue of a certificate of title allegedly issued in his favour under the repealed Registration of Titles Act (RTA), Chapter 281.

It was his case that he had initially purchased LR. No 8095 from the registered owner, Mzee Athman Ali Darani (the deceased) who passed away on 31^st May, 2008, and who was the respondent’s husband; that he fully paid the purchase price in instalments between 1995 and 1997. Subsequently, he learnt that the deceased had sold LR. No 8095 to a third party. The deceased then agreed to give the appellant the suit property in replacement of LR. No 8095; that in the

result, the deceased executed a transfer dated 11^th March, 2004 in his favour which was lodged at the District Land Registry on11^th May, 2004.

The appellant accused the respondent of having tre…