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Peter Paul Mburu Ndururi v. James Macharia Njore

(2009) JELR 94736 (CA)

Court of Appeal  •  Civil Appli 29 of 2009 (UR 14/2009)  •  13 Mar 2009  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, Daniel Kennedy Sultani Aganyanya

Judgement

RULING OF THE COURT

Before us is an application by Peter Paul Mburu Ndururi, the unsuccessful plaintiff in a suit commenced in the superior court by plaint, for an order of injunction to restrain James Macharia Njore, the respondent, either personally or by his representatives, proxies or otherwise, from selling, transferring , disposing or in any way encumbering the property known as L.R. No. 13537/122, Thika Municipality, pending the hearing and determination of an intended appeal against the decision of the superior court in the aforesaid suit. In that suit the applicant pleaded in paragraph 3 of the plaint that the respondent was the registered owner of the aforesaid property and that the respondent had sold the piece of land to the applicant for valuable consideration which he had duly paid.

In his written statement of defence the respondent admitted he indeed sold a surveyed but unregistered parcel of land and which was later registered in his name as L.R. 13537/122, but averred t…

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