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Joseph M. Mbuva v. Pioneer Building Society Limited (In Receivership) & Peter Karanja Ngure

(2016) JELR 100665 (CA)

Court of Appeal  •  Civil Appeal 15 of 2015  •  25 Nov 2016  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

The appellant sought to impugn the sale of land L.R 2787/50/XII “the suit premises” to the 2nd respondent by the 1st respondent on the ground that the transaction was fraudulent, null and void. By a plaint dated 18th March, 2004 and filed in the High Court at Nairobi on even date, the appellant sought against the respondents jointly and severally, a permanent injunction restraining them from in any way whatsoever interfering with the suit premises, an order of revocation of the illegal transfer of the suit premises to the 2nd respondent by the 1st respondent, a declaration that the appellant was the legitimate purchaser of the suit premises and costs of the suit.

According to the appellant, he purchased the suit premises from one, Leonard Muriungi M’Ambutu, “the vendor” the then registered proprietor of the suit premises, subsequently executed a transfer to him dated 20th July 1989, at a consideration of Kshs.300,000/-. However, the transfer could not be registered…

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