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Richard Kipkemei Limo v. Hassan Kipkemboi Ngeny, Land Registrar – Uasin Gishu, Chief Land Registrar, Eldoret Municipal Council & Attorney General

(2019) JELR 95276 (CA)

Court of Appeal  •  Civil Appeal 55 of 2018  •  25 Jul 2019  •  Kenya

Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage



1. The suit property in this matter is Eldoret Municipality Block 7/178. Both the appellant and the 1st respondent claim title and ownership of the property. Both have title documents to the property. The trial Judge in a judgment delivered on 9th February 2018 upheld the title of the 1st respondent and cancelled the instrument of title held by the appellant. Aggrieved, the appellant has lodged the instant appeal to this Court.


2. By an amended Petition filed on 10th December 2013 before the trial court, the appellant avows that he is the registered proprietor of the suit property. That he purchased the same in December 2003 from the then registered proprietor and acquired a Lease Title in February 2004. He averred that in mid July 2012, he came to learn that the 1st respondent had a Lease Title over the same parcel of land. That the 1st respondent unlawfully and fraudulently acquired that other title to the suit property.

3. One Enock Kibiwott Kipta…

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