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NYERI CHEMISTS LIMITED V. JANE WANJIKU MURIITHI & 2 ORS

(2022) JELR 113978 (CA)

Court of Appeal  •  Civil Appeal 50 of 2017  •  10 Jun 2022  •  Kenya

Coram
DK Musinga, JA F Sichale, JA S ole Kantai, JA

Judgement

JUDGMENT

  1. The suit at the Environment and Land Court (ELC) at Nyeri has not been heard or determined. What has been heard are two applications the subject of which we will speak to shortly.

  2. The appellant (Nyeri Chemists Limited) claimed in the plaint filed in that Court that it was, from 11th March, 1983 the legal actual owner as allotee and in possession of a parcel of land known as Nyeri Municipality Block 1/728 under a Letter of Allotment of the said date (11th March, 1983) measuring 0.506 hectares which it was to be registered as lessee for a period of 99 years from 1st January, 1983. It was further claimed in the plaint that the appellant had paid all requisite dues to the 3rd respondent (The Director of Lands, Housing and Physical Planning, County Government of Nyeri); had developed the land and had leased the land to Kenya Power & Lighting Company Limited which had been in continuous uninterrupted occupation of the land from 1983 to the year 2015 when the 1st respondent (Jane Wanjโ€ฆ

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