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Mary Wambui Mbuchucha v. David Kithinji Mugambi & Kenya Commercial Bank Limited

(2018) JELR 99226 (CA)

Court of Appeal  •  Civil Appeal 146 of 2010  •  28 Sep 2018  •  Kenya

Coram
Milton Stephen Asike Makhandia, Sankale ole Kantai, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

The appellant, Mary Wambui Mbuchucha, filed suit at the High Court of Kenya at Nairobi against the 1st respondent, David Kithinji Mugambi and the 2nd respondent, Kenya Commercial Bank Limited. It was alleged in the plaint that the appellant was the registered proprietor of a parcel of land known as L.R. No. Ruiru East/Block 5/202 (the suit property) and that a title had been issued to her on 12th January, 1988. It was further stated that in the month of June 2001 the appellant visited the suit property and found that the 1st respondent had entered the said land, trespassed on it and erected structures on the same. Further, that a search was conducted over the said title at the relevant Registry of lands and it was found that the 1st respondent had been registered as proprietor of the suit property on 14th January 1997. Various particulars of fraud were set out to show that the 1st respondent had procured registration wrongfully. It was further stated that on the 2…

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