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Mwangi Nguro v. Gikera Munene, City Council of Nairobi, District Lands Registrar Nairobi & Commissioner of Lands

(2019) JELR 98726 (CA)

Court of Appeal  •  Civil Appeal 289 of 2012  •  8 Mar 2019  •  Kenya

Coram
Daniel Kiio Musinga, William Ouko, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

At the heart of this dispute is a parcel of land known as Dagoretti/Kangemi/T. 436, the suit property. But there is no dispute that the appellant was issued with an allotment letter in respect of the suit property and that upon paying Kshs. 33,640/= on 6th October, 1996 to the Commissioner of Lands a certificate of lease was granted to him on 10th February, 1995 for a term of 99 years with effect from 1st October, 1994.

It is also a common factor that on 23rd October, 1996 the Commissioner of Lands received a letter from the Director of City Planning and Architecture of Nairobi City Council, the 2nd respondent, that read as follows:-

“RE: PLOT NO. 436 - DAGORETTI/KANGEMI

My attention has been drawn to an allocation of the above space which is functionally a frontage/car parking servicing the existing shops.

This is to inform you that the allocation of the said space for use other than a car park/frontage to the existing shops is not acceptable from planning point of v…

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