MUNICIPAL COUNCIL OF ELDORET V. TITUS GATITU NJAU

IN THE COURT OF APPEAL

AT ELDORET

(CORAM: GITHINJI, OKWENGU and J. MOHAMMED. JJ.A)

CIVIL APPEAL NO. 106 OF 2015

BETWEEN

MUNICIPAL COUNCIL OF ELDORET.................APPELLANT

AND

TITUS GATITU NJAU...........................................RESPONDENT

(An appeal arising from the Judgment of the Environment and Land Court of Kenya at Eldoret (Munyao, J) dated 30 th January, 2015)

in

Eldoret ELC Cause No. 207 of 2012)

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JUDGMENT OF J. MOHAMMED JA

Background:

1. This is an appeal against the decision of Munyao, J. wherein the learned Judge found in favour of the respondent. Dissatisfied with that judgment, the appellant preferred this appeal.

2. A brief background as can be gleaned from the plaint dated 22nd April, 2005 is that the respondent is the registered proprietor of the parcel of land known as Eldoret Municipality Block 4/337 (the suit property) having acquired the same from Theluji Drycleaners Limited (the Company) who were the original leaseholders. Upon acquiring the said …