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Musk Deer Limited v. Benjamin K. Kipkurui & County Government Of Mombasa Formerly Municipal Council Of Mombasa

(2018) JELR 98778 (CA)

Court of Appeal  •  Civil Appeal 54 of 2017  •  5 Jul 2018  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

[1] Prior to an incident that happened on 16th June, 2007, Benjamin K. Kipkurui (1st respondent) may have thought he was the absolute registered proprietor of a property comprised in a Title registered at the Lands Titles Registry, Mombasa as C.R. 21127 (hereinafter referred to as the suit property). Alas not before the Municipal Council of Mombasa (3rd respondent) purported to send auctioneers to evict the 1st respondent from the suit premises on account that the suit property had been sold to recover outstanding rates under the Rating Act. The said auctioneers were armed with a court order purportedly issued by the Chief Magistrate’s Court in Civil Case Number 2094 of 2006 (Municipal Council of Mombasa –vs- Benjamin Kipkurui. To understand what was happening, the 1st respondent instructed an advocate who perused the said court file and to their utter consternation, they discovered proceedings were conducted wherein orders to sell their clients’ property were iss…

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