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Nairobi City County v. Christopher Mwangi Kioi, Nancy Wambui Waweru (Legal Representatives of the Estate of the Late Mwangi Kioi), Hashim Kamau Athman & Yusuf Ali

(2015) JELR 105121 (CA)

Court of Appeal  •  Civil Application Nai 171 of 2014 (Ur 133/2014)  •  13 Nov 2015  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Wanjiru Karanja, Jamila Mohammed

Judgement

RULING OF THE COURT

Nairobi City County is the applicant in the notice of motion dated 8th July 2014, while the respondents are Christopher Mwangi Kioi and Nancy Wambui Waweru (Legal representatives of the estate of the late Mwangi Kioi), who we shall for ease of reference refer to as the 1st respondent, Hashim Kamau Athman (2nd respondent) and Yusuf Ali (3rd respondent). The property, the subject matter of this application is Pumwani Bar, L.R. 2378/P.T or L.R 209/2378/4R, measuring about 0.156 hectares.

According to Mwangi and Wambui, the late Mwangi Kioi (1st respondent in JR No. 416 of 2002) had leased the property in question sometime in 1957 at a monthly rent of Ksh 2,000/=.

Their case was that the deceased operated the said bar from 1958 up to October 1975 when the predecessor of the applicant (City Council of Nairobi) offered to sell the property to the deceased at Ksh 90,000/=. He is said to have paid the money and thereafter continued paying ground rent and rates as required. Th…

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