JULIUS KANGARA NDEGWA V. DIRECTOR OF PUBLIC PROSECUTION
(2014) JELR 104713 (CA)
Court of Appeal
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Civil Appeal 68 of 2013
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6 Jun 2014
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Kenya
Coram
David Kenani Maraga, John Wycliffe Mwera, Philomena Mbete Mwilu
Judgement
<p class="ql-align-center">JUDGMENT OF THE COURT</p><p>JULIUS KANGARA NDEGWA, the appellant, is a former Police Officer. He retired at the rank of Senior Deputy Commissioner of Police. On 2<sup>nd</sup> July 2001 he entered into a written sale agreement with Virginia Muthoni Kabuu (the vendor) by which he bought from her ALL THAT piece of land situate at Jamhuri Phase II Estate in Nairobi and known as Title No. Nairobi/Block 63/591 (the suit land) for Kshs.800,000/=. The vendor thereafter executed the transfer and the suit land was transferred to him.</p><p>After purchasing the suit land, the appellant started assembling building materials and in 2010 he erected a four storey block of flats on it. On or about the 30<sup>th</sup> September 2011, he was shocked to learn that police were investigating how he had acquired the piece of land. Upon his own enquiry to trace the vendor, who used to work at the lands office in Nairobi, he discovered that she died sometime in 2002. He also learnt that even Victor Wachira Muriuki, the advocate who acted for …</p>