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Joseph Mutua Muinde & Dominic Musei Ikombo v. Geoffrey Kithuka Mwangangi & Hellena Cheserem

(2020) JELR 100627 (CA)

Court of Appeal  •  Civil Appeal 58 of 2019  •  7 Aug 2020  •  Kenya

Wanjiru Karanja, Milton Stephen Asike Makhandia, Fatuma sichale



The appellants, Joseph Mutua Muinde and Dominic Musei Ikombo filed the appeal herein against the decision of the Environment and Land Court (Angote J.) delivered on 2nd March, 2018.

Briefly, the background to this appeal revolves around the ownership of Title No. Mavoko Town Block 2/199 (the suit property). The appellants filed a plaint dated 20th April, 2009, in which they (the then plaintiffs suing as trustees and on behalf of Mitaboni Katani Co. Ltd) (the Company) averred that by an agreement dated 7th December, 2007 between themselves and the respondents herein (the then defendants), the suit property was sold to the respondents for Kshs 3,420,000.00. On execution of the agreement, the respondents paid a deposit of Kshs 342,000.00 leaving a balance of the purchase price of Kshs 3,078.000.00 to be paid upon completion; that in anticipation of payment of the purchase price in terms of the agreement, the appellants transferred the title of the suit property to theā€¦

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