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Mwai Kibaki & Kimwatu Kanyungu v. Mathingira Wholesalers Company Limited, Kiiru Gachuiga, Ndiritu Munuhe, James Kanyi Waiganjo, Sammy Maina Kiiru, Joseph Nganga Muriithi & Samuel Githinji Kibaki

(2018) JELR 98750 (CA)

Court of Appeal  •  Civil Appeal 6 of 2017  •  21 Mar 2018  •  Kenya

Coram
Sankale ole Kantai, Fatuma sichale, Agnes Kalekye Murgor

Judgement

JUDGMENT OF THE COURT

In or about 1976, some enterprising Kenyans – Kimwatu Kanyungu, Francis Gathungwa, Gadson Gitonga Mbuthia, Mwai Kibaki, Kiiru Gachuiga, Kibera Gatu, Philip Gichuhi and Muriithi Nganga, came together and decided to engage in investment. They identified a parcel of land Title No. Nyeri Municipality/Block 1/94(hereinafter “the suit land”)which was available for purchase and purchased the same as is evidenced by a Certificate of Lease issued under the Registered Land Act Chapter 300 Laws of Kenya, issued at Nyeri District Registry on the 5th day of May, 1976. They could not raise the full purchase price for purchase of the suit land as is evidenced by a charge registered under the said Act and to enable them acquire the land, they obtained a loan of Kshs. 225,000/= from Industrial and Commercial Development Corporation (ICDC) and a charge was registered against that title on 5th May,1976. It is safe to assume that the loan was fully repaid because the property remaine…

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