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Raphael Kimani Mwangi v. Chairman, Treasurer and Secretary Kware Mukuru Kwa Njenga Jua Kali Association, Pastor John Kioko Kilungu & Nellius Muthoni Kariuki

(2020) JELR 93282 (CA)

Court of Appeal  •  Civil Appeal 199 of 2018  •  21 Feb 2020  •  Kenya

Coram
Wanjiru Karanja, William Ouko, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

This dispute started in the Chief Magistrates Court at Nairobi and relates to a parcel of land known as plot No. 51 Kware-Mukuru Kwa Njenga Association (the suit property).

The appellant insisted that by an agreement dated 18th September, 2002 he purchased the suit property from one Ayub Githendu (PW1). He thereafter took possession following a transfer by the association, represented by its officials, which then issued to him a share certificate; that he subsequently misplaced the share certificate; and that on 2nd June, 2009 he visited the property only to find construction work underway by the 3rd respondent who claimed to have purchased it from the 2nd respondent. Alarmed by the development the appellant asked the trial court to declare that the purported acquisition of title to the suit property by the 2nd respondent and subsequently to the 3rd respondent, were unlawful; and that the permanent construction work by the 3rd respondent was unlawful encroachment a…

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