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Mbuthia Macharia v. Annah Mutua Ndwiga & Commissioner of Lands

(2017) JELR 99164 (CA)

Court of Appeal  •  Civil Appeal 297 of 2015  •  29 Sep 2017  •  Kenya

Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja



[1] The dispute in this appeal is over a parcel of land known as L.R. No 209/7963/62 within Nairobi (suit premises) which was originally leased to Mbuthia Macharia (appellant) sometime in 1980 by the City Council of Nairobi with effect from 1st January, 1973. The appellant filed a suit before the Environment and Land Court (ELC) against Annah Ndingwa Mutua and the Commissioner of Lands, 1st and 2nd respondents respectively. The main contest was nonetheless between the appellant and the 1st respondent as the Commissioner of Lands never participated in the proceedings. The appellant claimed that he developed the suit property by constructing rental residential houses and the 1st respondent (Annah) became a tenant in one of the houses and with time he developed a close relationship her.

[2] The appellant does not give the specific dates regarding the time when Annah became his tenant or what kind of relationship he had with her. His oral evidence during the plenary he…

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