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Samuel Otieno Otieno v. Municipal Council of Malindi & Victory Construction Limited

(2015) JELR 96442 (CA)

Court of Appeal  •  Civil Appeal 135 of 2012  •  24 Sep 2015  •  Kenya

Coram
Milton Stephen Asike Makhandia, William Ouko, Kathurima M'inoti

Judgement

JUDGMENT OF THE COURT

In an appeal raising similar question as the one before us, the Court recently observed that:-

“Along with the hunger for land acquisition and development came what was derisively christened “land grabbing” which was essentially alienation of land reserved for public purposes for private use and development through dubious means. Our courts became inundated with land disputes which still continue to haunt the country as alternative means of resolving them continue to be explored.”

See Kepha Maobe and 365 others v. Benson I Mwangi and the City Council of Nairobi Civil Appeal No. 8 of 2004.

The dispute giving rise to this appeal relates to a letter of allotment issued on 30th October 2001 to Samuel Otieno Otieno, the appellant, by the Commissioner of Lands in respect of SABAKI SQUATTER UPGRADE UNS. PLOT NO. “49” – MALINDI MUNICIPALITY, and a grant in respect of parcel No. L.R. NO. 10899 issued pursuant to the above letter of allotment (the suit property). The grant was…

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