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Kinluck Holdings Limited v. Mint Holdings Limited & Macharia Njeru

(2019) JELR 99808 (CA)

Court of Appeal  •  Civil Appeal 69 of 2011  •  5 Apr 2019  •  Kenya

Coram
Daniel Kiio Musinga, Mohammed Abdullahi Warsame, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

By an amended plaint dated 18th October, 2007, KINLUCK HOLDINGS LIMITED, (the appellant) filed a suit before the High Court at Nairobi against MINT HOLDINGS LIMITED (the 1st respondent) and MACHARIA NJERU (the 2nd respondent). In the amended plaint the appellant sought inter alia, the following orders against the respondents: judgment for KShs.5,400,000/= together with interest at 18% as from 18th October, 1995 or in the alternative a declaration that the 1st respondent holds L.R. No. 12494/10 in trust for the appellant, or that the appellant is a holder of an unpaid vendor’s lien and an order that the 1st respondent do transfer/retransfer L.R. No. 12494/10 to the appellant.

Briefly the facts of this appeal are that, on 29th August, 1995 the appellant and the 1st respondent entered into a sale agreement whereby the appellant agreed to sell to the 1st respondent its parcel of land known as Land Reference Number 12494/10 (the suit property). The 2nd respondent, who i…

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