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Julius Charito Kanyongo v. Emmanuel M. Lousot

(2018) JELR 100476 (CA)

Court of Appeal  •  Civil Appeal 50 of 2015  •  17 May 2018  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] This is an appeal from the judgment and decree of the High Court, Kitale, (Obaga, J.) dismissing both the appellant’s suit and the respondent’s Counter-claim in a dispute relating to land title No. West Pokot/Chepareria/1563 (suit land) registered in the name of the appellant and measuring approximately 0.07 Hectares.

[2] The appellant averred in the plaint that he intended to sell a portion of the land measuring 50 feet x 100 feet to the respondent; that the respondent became unco-operative by claiming the whole land and that the transaction had been rendered void since the consent of the Land Control Board was not obtained. He sought an order of eviction against the respondent.

[3] The respondent in his defence and counter-claim averred inter alia, that by an agreement dated 5th February, 2001, the appellant sold the whole land to him and surrendered the title deed to the respondent; that the respondent took possession of the land; that the transaction was not…

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