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Kairu v. Gacheru

(1988) JELR 100287 (CA)

Court of Appeal  •  Civil Appeal 42 of 1987  •  30 Jun 1988  •  Kenya

Coram
Joseph Raymond Otieno Masime, Fred Kwasi Apaloo, James Onyiego Nyarangi

Judgement

IN THE COURT OF APPEAL

AT NAIROBI

(Coram: Nyarangi, Apaloo and Masime JJA)

CIVIL APPEAL NO 42 OF 1987

KAIRU...............................................APPELLANT

VERSUS

GACHERU......................................RESPONDENT

JUDGMENT

(Appeal from the High Court at Nairobi, Shields J)

June 30, 1988, Apaloo JA delivered the following judgment.

The dispute in this case involves two parcels of land registered in the name of the appellant as title numbers, LOC13/Gitugi – Matuto/T29 and T30. At some time prior to 1978, they were registered in the name of one Mwangi Macharia who was the registered proprietor. (I shall hereafter call him Mwangi.) Mwangi sold the two plots to the appellant in October 1978. The latter registered these plots under the Registered Land Act and was, on 19 October 1978, issued with two land certificates. The evidence shows that although he obtained title to the plots, the appellant did not enter into possession of either plot. The first significant act of ownership he did o…

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