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Mohammed Jawayd Iqbal (Personal representative of the Estate of the Late Ghulam Rasool Jammohamed) v. George Boniface Mbogua alias George Boniface Nyanja

(2019) JELR 98989 (CA)

Court of Appeal  •  Civil Appeal 242 of 2018  •  8 Nov 2019  •  Kenya

Coram
Milton Stephen Asike Makhandia, Sankale ole Kantai, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

By this appeal, the appellant Mohammed Jawayd Iqbal who is the personal representative of the Estate of the deceased Ghulam Rasool Jammohamed seeks to overturn the verdict of the Environment and Land Court at Milimani (Bor, J.) dated 31st May, 2018. That judgment and decree allowed the claim by George Boniface Mbogua alias George Boniface Nyanja (Nyanja) that the suit property being L.R. NO. 1/387 along Ngong Road, Nairobi, be transferred to him by the appellant.

The essence of the claim by Nyanja was captured on the following five paragraphs of the plaint as amended on 14th August, 2014;

“4. In 1985, the plaintiff and the said Ghulam Rasool deceased entered into a sale agreement whereby the plaintiff was to buy the deceased?s parcel of land L.R. No. 1/387 situated along Ngong road, Nairobi.

5A. Pursuant to the said Sale Agreement the plaintiff paid to the deceased and his agents Kshs.2,016,295 and took possession of the suit premises as a purchaser for value.

6A. The…

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