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Kenya Power & Lighting Co. Limited v. Allan George Njogu Kamau

(2003) JELR 99965 (CA)

Court of Appeal  •  civ app 327 of 02  •  21 Mar 2003  •  Kenya

Coram
Amrittal Bhagwanji Shah, Philip Kiptoo Tunoi, Richard Otieno Kwach

Judgement

JUDGMENT OF THE COURT

The respondent, Allan George Njogu Kamau, purchased from the Hon. Francis Arap Tarar, during the year 1992, an unregistered property now known as Eldoret Municipality Block 1/166 measuring 0.311 of an hectare (hereinafter referred to as “the suit property”). The suit property was allocated to Hon. Tarar by the Municipal Council of Eldoret . It is not known how much Mr. Kamau paid to Hon. Tara r for the suit property. As the property was then unregistered the title was given direct to Mr. Kamau by the said Council presumably as a result of Hon. Tarar’s request. The title as issued is leasehold, for a period of 99 years from 1st August, 1992 (less last day) and was actually registered in the name of Mr. Kamau on 13th May, 1997 and a certificate of lease under the Registered Land Act was issued to him on the same day.

It was only when Mr. Kamau was selling the suit property to a society known as Fountain of Life Ministries that he allegedly realized that the suit prop…

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