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Kenya Ihenya Company Ltd & Mary Muthoni Ndegwa v. Njeri Kiriba

(2019) JELR 100041 (CA)

Court of Appeal  •  Civil Appeal 38 of 2018  •  10 May 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Jamila Mohammed, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

1. The appellants herein have preferred this appeal challenging the decision of the Environment and Land Court (ELC) dated 14th November, 2017 wherein several orders were issued in favour of the respondent. As such, our role as the first appellate court is clearly set out under Rule 29 of the Court of Appeal Rules. We are required to re-appraise all the evidence and re-examine the same in a fresh and exhaustive way and arrive at our own independent conclusions.

2. With our mandate in mind, the salient facts were that Kenya Ihenya Company Ltd. (the 1st appellant), which engages in the business of selling parcels of land, was at the material time disposing of portions of LR No. 3811/5/R1 (original parcel) situated at Githurai to interested purchasers. According to Njeri Kiriba (the respondent), she expressed interest in purchasing two plots thereon as early as the year 1973. At the time, the 1st appellant’s regulations were to the effect that the purchase price for o…

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