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Mburugu K Muringa v. Municipal Council of Mombasa

(2017) JELR 99166 (CA)

Court of Appeal  •  Civil Appeal 5 of 2014  •  22 Jun 2017  •  Kenya

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

Judgement

JUDGMENT OF THE COURT

In this appeal from the High Court in the exercise of its original jurisdiction, the appellant, Mburugu K. Muringa challenges the judgment of that court at Mombasa (Kasango, J.) dated 26th July 2012 by which the learned judge dismissed his claim against the respondent, the predecessor of Mombasa County, for breach of contract. He contends that the learned judge erred by misapprehending the pleadings and the evidence; by failing to address the real issues in dispute; and by ignoring the evidence of his expert witness.

The background to the appeal is as follows. By a plaint dated 1st April 2006, the appellant instituted suit against the respondent for breach of contract, pleading that he was the registered owner of four Plots at Miritini Site and Service Scheme, Mombasa, namely Plot Nos. 24, 551, 552 and 553, having lawfully purchased them from the respondent. He further pleaded that when he took possession of the plots, he found a perimeter wall constructed across P…

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