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Moses Lutomia Washiali v. Zephaniah Ngaira Angweye & Kenya Commercial Bank Limited

(2018) JELR 98924 (CA)

Court of Appeal  •  Civil Appeal 139 of 2013  •  7 May 2018  •  Kenya

Coram
Philip Nyamu Waki, Patrick Omwenga Kiage, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

We are yet again confronted by an appeal where the integrity of our land registration system is seriously called into question. As we recently stated in Denis Noel Mukhulo Ochwada and Another v. Elizabeth Murungari Njoroge and Another, CA. No. 293 of 2013:

“At the centre of Torrens land registration system, on which ours is based, is the basic assumption that meticulous professionals of conscience, absolute honesty and integrity, will superintend over it.”

(See also Kenya National Highway Authority v. Shalien Masood Mughal and 5 Others [2017] eKLR).

Once again, dishonesty, abuse of trust, complicity, and lack of professionalism and integrity are readily apparent in the dealings with land leading to this appeal. This is how the appeal has landed before this Court.

On or about 22nd September 1995, the 1st respondent, Zephaniah Ngaira Angweye, purchased the parcel of land known as LR No. Isukha/Shirere/3643 situate in Kakamega town and measuring in area 0.2 Hectares, (th…

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