JOSEPH NDUNG'U NJAU V. MARGARET MAGIRI MBUKI

JUDGMENT OF THE COURT

A. INTRODUCTION

[1] The appellant, Joseph Ndung’u Njau, filed this appeal dated 7^th August 2015 pursuant to Article 163(4)(a) of the Constitution, against the Ruling and Orders of the Court of Appeal at Nairobi, dated 13^th July 2015, in Civil Appeal No.69 of 2009.

B. BACKGROUND

[2] On 8^th August 2005, the appellant instituted a civil suit at the High Court in Nairobi, being HCCC No.1032 of 2005, alleging inter alia that he was entitled to be registered as proprietor of all that parcel of land known as Nairobi/Block 63/399 situated at Jamhuri Phase II Estate in Nairobi, but having taken possession of that parcel of land, it came to his knowledge that the respondent had fraudulently obtained a certificate of lease in respect of the same parcel of land, to his detriment. He therefore approached the High Court seeking the following orders:

“(a) A declaration that having been allotted NAIROBI/BLOCK 63/399 by the City Council of Nairobi, the plaintiff is entitled to ownersh…