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Kadzo Charo v. Alex Nzai Dzombo

(2019) JELR 100294 (CA)

Court of Appeal  •  Civil Appeal 11 of 2018  •  21 Aug 2019  •  Kenya

Coram
Hannah Magondi Okwengu, Agnes Kalekye Murgor, Stephen Gatembu Kairu

Judgement

JUDGEMENT OF THE COURT

1. This appeal arises from a judgment of the Environment and Land Court at Malindi (J.O. Olola, J.) delivered on 15th November 2017, in which that court declared the respondent to be the legal/beneficial owner “of 6 acres of land which is comprised in Plot No. Tezo/Roka/797 ” on the basis that the respondent had purchased and acquired the same for valuable consideration. At the same time the Court permanently restrained “the defendants or their assignees, agents, and or servants or any other person claiming under them ” from interfering with the respondent's enjoyment and quiet possession of the said 6 acres of land.

2. The background is this: The property known as Title Number Kilifi/Roka/797, which has also been referred to as Plot No. Tezo/Roka 797 is registered in the name of Charo Kinda. It measures approximately 12.4 acres. Charo Kinda, the registered proprietor, died on 4th April 1985. He was survived by his two wives (who coincidentally shared the name Kad…

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