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NGURUMAN LIMITED v. SHOMPOLE GROUP RANCH & 3 OTHERS

(2007) JELR 98671 (CA)

Court of Appeal  •  Civil Appeal 73 of 2004  •  9 Mar 2007  •  Kenya

Coram
Emmanuel Okello O'Kubasu, Philip Nyamu Waki, John walter Onyango Otieno

Judgement

JUDGMENT OF THE COURT

The appellant Nguruman Limited is the title holder to land parcel L.R. No.NAROK/NGURUMAN/KAMORORA/1 in Narok District in the Rift Valley Province. The respondents in this appeal through their learned counsel, Mr. Egala state that the title was not properly obtained as there was fraud involved but they agree that it was a first registration and by dint of section 143 of the Registered Land Act, that title to the land cannot be challenged. Further, they agree that by an earlier decree of a competent court of law to which we shall refer in this judgment, the question of ownership of the same land had been settled in favour of the appellant. In a plaint dated 12th February 1991 and filed in the Magistrate’s Court at Narok on the same day against Shompole Group Ranch, (one of the respondents in this appeal) i.e. Civil Case No. 15 of 1991, the appellant stated at paragraph 4 thereof as follows:

“On diverse days of December 1990, notably 4th, 7th, 8th and 27th days of Dec…

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