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Miarage Co Ltd v. Mwichuiri Co Ltd

(2016) JELR 99132 (CA)

Court of Appeal  •  Civil Appeal 40 of 2013  •  19 Oct 2016  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

1. On the face of it, the matter before us is a normal dispute between two land buying companies over a land deal gone sour. The companies are Miarage Company Ltd (hereinafter ‘Miarage’) and Mwichuiri Company Ltd (Mwichuiri). But the factual and legal cobwebs surrounding the matter are galore and not easy to disentangle. Among the cobwebs are:-

  • the very existence of the companies themselves as legal entities for 40 years since the dispute started in 1976 up to date;
  • the authenticity of the leadership of the companies in their respective Boards of Directors over the period;
  • the number of registered membership of the companies;
  • the propriety of appointments of numerous Advocates on record for the companies throughout the litigation period;
  • the relationship between the companies and Miarage 1 Self Help Group registered on 1st October 1999, Miarage Self Help Company Ltd, Mwichuiri One ,Mwichuiri Two and Mwichuiri Three; and their interplay with land purchases in Naro Moru,…

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