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Peter Kirika Githaiga & Lucy Wanja Kangethe v. Betty Rashid

(2016) JELR 94247 (CA)

Court of Appeal  •  Civil Appeal 210 of 2014  •  25 Nov 2016  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

The background to this appeal is that the proceedings in the High Court were commenced by way of an originating summons dated 7th May, 2013. In that summons the appellants sought an answer to the question whether the High Court could issue a permanent injunction to restrain the respondent from interfering with, alienating, transferring, disposing and or dealing with the property known as Plot No.A14 within L.R. No. 6845/124 Utawala, “the suit premises” in any manner adverse to their proprietary interests.

The appellants’ case was that on or about 5th February, 2007, the 1st appellant purchased the suit premises on behalf of his wife, the second appellant, from one Mbugua Mburu at a consideration of Kshs.190,000/-. Mbugua Mburu was then a shareholder of Mathare Kuarahuka Witeithie Uteithio Investment, the registered proprietor of the original parcel of land out of which the suit premises were curved. Pursuant to the purchase, the appellants commenced the development…

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