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Joyce Mwathira M'echengi v. Gerald Ngeera

(2013) JELR 100515 (CA)

Court of Appeal  •  Civil Appeal. 53 of 2010  •  20 Jun 2013  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

The suit property is Plot No. 341 “C” located in Miathene Market in Nyambene County Council. The appellant filed a plaint in the Chief Magistrates Court at Meru on 27th December 2000 claiming that he is the bona fide registered owner of Plot No. 341 “A” and 341 “C” situated in Miathene Market in Nyambene. Two defendants were named in the suit namely the respondent as the 1st defendant and Nyambene County Council as the 2nd defendant.

The allegation in the plaint is that on 26th July 2000 or thereabouts, the respondent applied to the Town Planning sub-Committee of Nyambene County Council for approval of allocation of a new plot which was supposed to be “imposed” on Plot No. 341 “C” which belonged to the appellant. The appellant avers that the respondent in collusion with Nyambene County Council committed a fraud and conspired to make it be seen that the respondent owned Plot No. 341 “C” in Miathene Market. The particulars of the fraud were itemized in the plaint. Th…

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