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Mutuma Angaine v. M'marete M'muronga

(2011) JELR 98753 (CA)

Court of Appeal  •  Civil Appeal 123 of 2006  •  2 Dec 2011  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Daniel Kennedy Sultani Aganyanya, Alnashir Ramazanali Magan Visram

Judgement

JUDGMENT OF THE COURT

By a plaint dated 9th January, 1996 and filed in the Chief Magistrate’s Court at Meru on 1st February, 1996 the appellant, Mutuma Angaine (plaintiff in the subordinate court) sought an order of eviction of the respondent M’Marete M’Murago, on the ground that he owned land parcel known as Meru Municipality/Block 11/335 (the suit land) which had been allocated to him following compulsory acquisition of the same by the Government on 13th May 1977.

The material paragraph in his plaint states as follows:

“4. The said plot was surveyed out of land parcel Number Ntima/Igoki/1836 formerly registered in name of defendant but which parcel was wholly acquired by the Government of Kenya vide Gazette Notice Number 1263 dated 13th May, 1977 and the defendant was wholly compensated in accordance with the provisions of Land Acquisition Act Cap 295 and the defendant was directed to give physical possession of the land on or before the 31st December, 1978.”

The respondent’s simple ans…

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