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Joseph Kaloki t/a Royal Family Assembly v. Nancy Atieno Ouma

(2020) JELR 100704 (CA)

Court of Appeal  •  Civil Appeal 60 of 2019  •  3 Apr 2020  •  Kenya

Coram
Daniel Kiio Musinga, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

1. In its ruling, the subject of this appeal, dated and delivered on 14th March 2019, the Environment and Land Court (ELC) at Malindi (J.O. Olola, J.) allowed an application by notice of motion dated 15th March 2018 made by Nancy Atieno Ouma, the respondent, and ordered Joseph Kaloki t/a Royal Family Assembly, the appellant to vacate and hand over possession of the property known as Plot Nos. 508, 509, 510, 486/7 and 488 (the properties) situated in Malindi. In the same ruling, the ELC ordered the Officer Commanding Malindi Police Station to superintend compliance with the order by providing security during eviction.

2. The brief background is that the respondent is registered as owner of the properties under Indentures registered at the Land Titles Registry, Mombasa. By a letter of offer of lease dated 5th September 2012, the respondent let the properties to the appellant for a term of 5 years and 3 months commencing on 1st October 2012 on the terms therein set ou…

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