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Satima Peak Farmers Limited v. Onesmus Weru (Deceased), Tracisius Nderitu (Deceased), William Gachai, James Gitonga Weru, John Nderitu & Others

(2013) JELR 94633 (CA)

Court of Appeal  •  Civil Appeal. 18 of 2010  •  11 Jul 2013  •  Kenya

Coram
Alnashir Ramazanali Magan Visram, Martha Karambu Koome, James Otieno Odek

Judgement

JUDGMENT OF THE COURT

The suit property is an agricultural land. Initially, the suit property was registered under the repealed Registration of Titles Act as IR 1410 - Land Reference No. 3381/ Mweiga and measures 983 acres. The suit property is currently known as Mwiyogo/Labura Block II (Mukoi) having been subsequently registered under the repealed Registered Land Act (Cap 300 of the Laws of Kenya).

On 24th November, 1962, the suit property was transferred to Mr.Onesmus Weru s/o Gichahi (the 1st respondent), Tracisius Nderitu s/o Ngatunyi (2nd respondent) and William Gachai (3rd respondent) as tenants in ommon in equal shares for Kshs. 120,000/=. The three proprietors did not have money to pay the purchase price, hence they secured a loan from the Land Development and Settlement Board (Settlement Fund Trustees) for Kshs. 108,000/= to finance the purchase. A charge in favour of the Settlement Fund Trustees (Chargee) was registered against the suit property on 24th November, 1962 for the …

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