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Rose Ayuma Musawa v. Mathias Onyango Tabuche

(2016) JELR 95282 (CA)

Court of Appeal  •  Civil Appeal 321 of 2014  •  29 Jul 2016  •  Kenya

Fatuma sichale, Agnes Kalekye Murgor, Stephen Gatembu Kairu



This is an appeal from the judgment of Obaga, J. The appellant, Rose Ayuma Musawa (Rose) seeks the reinstatement of her ownership over Title No. Kiminini/Matunda/Block 7/797 (the Property) being a portion of Masaba farm comprising 50x100 feet, which the Environment and Land Court cancelled for reasons that she had acquired it fraudulently.

The background of the appeal is that on or about 30th November 2001, the respondent, Mathias Onyango Tabuche, (Onyango) entered into a sale agreement for the purchase of half portion of the Property comprising 25x100 feet with one Francis Wamalwa Musimbi (Wamalwa). It was his complaint that it had later come to his knowledge that on the 27th July 2007, when Rose had registered the Property in her own name, she also included the portion claimed by Onyango. It was for this reason that Onyango filed a suit against her seeking the revocation and cancellation of the title obtained by Rose over the Property.

Rose’s case was that she had…

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