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MARK MUTSEMBI & OTHERS V. ISAIAH ANDATI TITIYA

(1987) JELR 104566 (CA)

Court of Appeal  •  Civil Appeal 22 of 1986  •  20 Feb 1987  •  Kenya

Coram
John Mwangi Gachuhi, James Onyiego Nyarangi, Fred Kwasi Apaloo

Judgement
<p class="ql-align-justify">JUDGMENT</p><p class="ql-align-justify">The plaintiffs by their plaint filed in the High Court Kakamega claimed a piece of land from the defendant. They alleged that the defendant fraudulently cheated their father alleged to be blind, to thumb print papers and caused the transfer of 38 acres, as they say, to be registered in his name at a price of Kshs 7,400. They further claimed that the defendant did not pay the said amount and still wonder how 38 acres of land could be sold for the amount of Kshs 7,400. The plaintiff’s further alleged that they did not know about the alleged sale until their father died. Because they do not have any other piece of land to go to, they are claiming that the land should revert to them to be inherited by those who have no land.They are pleading that they be allowed to refund the sum of Kshs 7,400 which they are ready, to the defendant. So they applied for an order of eviction of the defendant from the land and asked for perpetual injunction restraining the defendant and all those cla…</p>

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