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Kawaljeet Singh Rekhi v. Peter Wainaina Kamau, District Land Registrar Kwale & Director of Survey

(2016) JELR 100201 (CA)

Court of Appeal  •  Civil Appeal 21 of 2016  •  25 Nov 2016  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

The appellant, Dr. Kawaljeet Singh Rekhi has preferred this appeal against a judgment of the High Court (Mukunya, J.) sitting in Mombasa dated 19th September, 2015, arising out of Constitutional Petition No. 50 of 2012. The subject matter of the said petition was a beach plot known as Kwale/Galu/Kinondo/46 (“the suit premises”) measuring 1.7 hectares. The petition was instituted by the 1st respondent, against the appellant, the 2nd and 3rd respondents respectively.

The genesis of the petition and hence this appeal is Land Dispute No. 12 of 2005 filed at Msambweni Land Disputes Tribunal in respect of the suit premises which was initiated by one, Hamisi Mwalimu Mwabwagizo and Ramadhan Mohammed Tsolozi (“Tsolozi”) as claimants against Stephen Mumu Kiringi and the 1st respondent, as the objectors. The basis of their claim was that they had inherited the suit premises from their late father and that the objectors had been registered as owners of the same fraudulently. T…

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