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Muktar Saman Olow v. Director of Public Prosecution,Chief Magistrates Court At Kiambu,Directorate of Criminal Investigations,Pius Ngugi & National Land Commission

(2018) JELR 98852 (CA)

Court of Appeal  •  Civil Application Nai 250A of 2017  •  13 Jul 2018  •  Kenya

Coram
Roselyn Naliaka Nambuye, William Ouko, Fatuma sichale

Judgement

RULING OF THE COURT

Although this is an application for stay of execution pending the hearing and determination of the intended appeal against the judgment and order of the High Court (R.E Aburili, J.) dated 13th September, 2017 we think the following brief background is essential. The dispute relates to land, L.R No 1870/1/240 situated in Westlands Nairobi mainly between the applicant and the 4th respondent both of whom are claiming title to it. The 4th respondent averred that he was the owner of the suit property having purchased the property from one Helen Fear in 1974.

On 16th July, 2009 the High Court in Nairobi Civil Suit No.1321 of 2005 (OS) Pius Ngugi v. Hellen Fear declared that the 4th respondent was the proprietor of the suit property. While presenting the decree for registration, the 4th respondent discovered that a caveat had been lodged against the title by the then Nairobi City Council as it was then known, now the Nairobi City County.

On 18th August, 2011, the applicant, …

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