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Kennedy Nyamumbo Sese v. Settlement Fund Trustees , Peter Nyangoka & Shadrack Moturi Nyangoka

(2017) JELR 100175 (CA)

Court of Appeal  •  Civil Appeal 5 of 2016  •  7 Dec 2017  •  Kenya

Coram
Erastus Mwaniki Githinji, Hannah Magondi Okwengu, Jamila Mohammed

Judgement

JUDGMENT OF THE COURT

[1] The appellant Kennedy Nyamumbo Sese is the legal representative of the estate of Lawrence Sese Mosigisi (hereinafter referred to as Lawrence). He has lodged this appeal against the judgment of the High Court (Musinga J) in which the High Court dismissed a suit that was brought by Lawrence. The suit was against The Settlement Fund Trustees (SFT) and Daniel Nyagoka Moturi (Daniel), but the High Court gave judgment in favour of Daniel on the counterclaim permanently restraining Lawrence from interfering with or trespassing onto Daniel’s land.

[2] In the suit in the High Court Lawrence had sought to be declared the rightful owner of the entire parcel number KISII/GESIMA SETTLEMENT/60 measuring 187 acres which included 4.5 acres that had a tea plantation as per Registry Index Map No. TPA/77/168 drawn in the year 1964, on the premise that the aforementioned 4.5 acres (herein the disputed portion), was fraudulently and erroneously appropriated to Daniel’s title when R…

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