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Kihuria Kamuri & Jane Waturi Mwaura v. Jackson Maina Mwangi

(2013) JELR 99842 (CA)

Court of Appeal  •  Civil Appeal 42 of 2005  •  20 Dec 2013  •  Kenya

Coram
Wanjiru Karanja, George Benedict Maina Kariuki, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

By a sale agreement dated 17th August 1997, the respondent JACKSON MAINA MWANGI and the 1st appellant, KIHURIA KAMURI agreed to purchase a parcel of land known as Land Reference Number Mavoko Town Block 2/117 (“the suit property”) from Nzioka Nguku, who was the registered proprietor. The land was registered under the Registered Land Act, Chapter 300, (now repealed). The agreed purchase price for 10 acres of land was Kshs.402,500/=, which was later increased to Kshs.480,000/= for 12 acres. The registered proprietor was paid Kshs.400,000/= for the suit property. Land Control Board consent was obtained and on 1st April 1998, the transfer was lodged and registered, in the names of both the 1stappellant and the respondent as joint owners.

Sometime in May 1998, the 1stappellant effected a transfer of the respondent’s portion of the suit property into his name and that of the 2nd appellant and soon thereafter, subdivided the suit property into two portions namely Mavoko T…

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