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Robin Angus Paul, Kingfisher Boat Limited & Estate of Herbert James Andrew Paul v. Miriam Hemed Kale

(2019) JELR 93878 (CA)

Court of Appeal  •  Civil Appeal 58 of 2018  •  9 May 2019  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, Wanjiru Karanja

Judgement

JUDGMENT OF THE COURT

1. In a suit filed before the Environment and Land Court at Malindi (the trial court), the respondent sued the appellants by way of Originating Summons dated 30th August, 2011, seeking the following reliefs:-

(a) A declaration that the deceased, Hemed Kale Hemed was adjudicated as the lawful owner of land Titles No. Ngomeni/Squatter Settlement Scheme/577 and Kale Shabwana Mjahid, adjudicated as the owner of Ngomeni/Squatter Settlement Scheme 576, though the two plots belong to the deceased Hemed Kale Hemed.

(b) That the Honorable court be pleased to issue order for cancellation of the Registration of Land Titles Ngomeni/Squatter Settlement Scheme/576 and 577 in the name of the 4 th and the 5 th Defendants/Respondents herein and order fresh registration of the said Titles Ngomeni/Squatter Settlement Scheme/576 and 577 in the name of the Plaintiff/Applicant herein as the Administratrix of the Estate of HEMED KALE HEMED.

(c) THAT the Honourable court be pleased to order…

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