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Martin Maina v. Ashraf Savani, Madatali S. Chartur , Chief Magistrate Court Kibera, Kilimani Police Station, Director of Public, Prosecutions & Attorney General

(2019) JELR 99263 (CA)

Court of Appeal  •  Civil Appeal 109 of 2013  •  5 Apr 2019  •  Kenya

Coram
Martha Karambu Koome, Sankale ole Kantai, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

The appellant, Martin Maina is an advocate of the High Court of Kenya practicing law in the name and style of Maina and Maina Advocates. The said law firm was engaged by one Salim Hussein Dungarwalla in a transaction of a property known as Land Registration No.1870/X/24 which property was offered for sale. There was an offer to purchase but in subsequent events the said law firm appears to have been bypassed and parties engaged directly with the transaction for the purchase of the said property. The appellant through his law firm placed a caveat over the title to the said parcel of land and filed proceedings at the Environment and LandCourt being ELC No. 2315 of 2007 seeking an injunction and specific performance in the suit in respect of an agreement that had been entered. The caveat was removed through what was alleged to have been acts of forgery and presentation of forged court documents. The appellant being aggrieved by those actions filed a case being Chief …

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