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Muroki Estates Limited v. Mengo Farm Limited

(2020) JELR 98803 (CA)

Court of Appeal  •  Civil Appeal 63 of 2011  •  24 Jul 2020  •  Kenya

Coram
Sankale ole Kantai, Agnes Kalekye Murgor, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

The parties to this appeal have engaged in various litigations and we must navigate the long journey of those litigations to properly bring out the issues and resolve them in this appeal.

Nairobi H.C.C.C. No. 534 of 2005 was between Mengo Farm Limited (the respondent) and Muroki Estate Limited (the appellant). That suit was about a parcel of land known as L.R. No. 11437 (“the suit property”) situate in Trans Nzoia measuring about 70 acres. A title had been issued by the government to the respondent and registered as I.R. 19846/1. It was alleged in the plaint that a fraudulent transaction had taken place in 1982 involving the appellant and one of the directors of the respondent whereby the suit property was sold to the appellant. A case was filed – H.C.C.C. No. 3574 of 1989 between the parties to this appeal and in a judgment delivered on 29th November, 1990 the said transaction was declared fraudulent and was nullified by the court.

It was further alleged in the pla…

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