judy.legal
Login Register

PUBLIC TRUSTEE v. WACHIRA MURIUKI

(1997) JELR 93425 (CA)

Court of Appeal  •  civ app 249 of 96  •  31 Oct 1997  •  Kenya

Coram
Gurbachan Singh Pall, Philip Kiptoo Tunoi

Judgement

JUDGMENT OF THE COURT

By an agreement dated 5th July, 1981 the respondent as vendor agreed to sell to the deceased plaintiff, now represented by the Public Trustee in this appeal, all that agricultural land known as land parcel number Mutira/Kaguyu/938 comprising 2.87 hectares or 7.1 acres (the suit land) situated in Kirinyaga District, and registered under the Registered Land Act, Cap 300 of the Laws of Kenya, at the agreed consideration of Shs.100,000/- which sum was paid in full to the respondent through his acknowledged agent, Charles Gakuo. Thereafter both parties applied for and obtained the requisite Land Control Board consent for the transaction which involved "the whole parcel" of the suit land. The respondent immediately put the deceased plaintiff into possession and she remained in peaceful and uninterrupted possession until her death on 9th June, 1983. Her children continued in such possession after her demise.

It would appear that the respondent refused to formally transfer…

There's more. Sign in to continue reading

judy.legal is the comprehensive database of case law and legislation from Ghana, Kenya and Nigeria. Gain seamless access to over 20,000 cases, recent judgments, statutes, and rules of court.


Get started   Login