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Michael Murithi Muthii v. Cecilia Wanjiru Cooper alias Cecilia Wanjiru Ernest, Michael Ndungu Mbugua, Lily K. Musinga & Francis Kiarie Karikui

(2021) JELR 99103 (CA)

Court of Appeal  •  Civil Appeal 159 of 2018  •  19 Feb 2021  •  Kenya

Coram
Roselyn Naliaka Nambuye, Kathurima M'inoti, Stephen Gatembu Kairu

Judgement

JUDGMENT OF THE COURT

This appeal challenges the judgment and decree of the Environment and Land Court (ELC) at Mombasa (Omollo, J.) dated 2nd August 2018 by which the learned judge issued an order for specific performance and directed the 1st respondent, Cecilia Wanjiru Cooper, also known as Cecilia Wanjiru Ernest (Ms. Cooper), to transfer Plot No. MN/1/17640 (the suit property) to the 2nd, 3rd and 4th respondents (the respondents). In default, the court directed the deputy registrar of the court to execute and register the transfer in lieu of Ms Cooper. The appellant, Michael Murithi Muthii (Mr. Muthii), who claims to have purchased the suit property from Ms Cooper contends that the trial court erred by making an order for specific performance in the circumstances of this appeal. On her part Ms. Cooper filed Civil Appeal No. 57 of 2019 against the same judgment and supports Mr. Muthii in this appeal. Both appeals were consolidated with the consent of the parties, with Civil Appeal No…

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