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Mariam Fadhili v. Samson Maricho Otweyo, Soud Hafidh Rashid , Rukiya Soud Bashir & Haider Soud

(2016) JELR 99287 (CA)

Court of Appeal  •  Civil Appeal 86 of 2015  •  14 Oct 2016  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

By a sale agreement dated 10th October, 1999, the 1st respondent purchased from one Maryam Mwichande what is commonly known as “a house without land,” at a consideration of Kshs.130,000/- together with a transfer fee of Kshs.20,000/-. At the time, the house was the sole structure on the land described as sub Plot No. 2003, Section VI Mainland North (hereinafter “the suit land”). Prior to this, the 1st respondent had been a tenant to the 2nd, 3rd and 4th respondents on the suit land, periodically paying an unspecified amount in ground rent. Following his purchase, the 1st respondent expanded the house, by putting up an additional ten rooms, which he rented out. However, notwithstanding his acquisition of the suit land as aforesaid, he was on 11th January, 2010, confronted by some police officers from Changamwe Police Station, who, in the company of and at the instance of the appellant, purported to evict him from the suit land and all his tenants. The basis for the…

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