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Serah Njeri Mwobi v. John Kimani Njoroge

(2013) JELR 96652 (CA)

Court of Appeal  •  Civil Appeal 314 of 2009  •  26 Jun 2013  •  Kenya

Erastus Mwaniki Githinji, Milton Stephen Asike Makhandia, Fatuma sichale



The appellant, Serah Njeri Mwobi, was the defendant in a suit commenced by a further amended plaint before the superior court at Mombasa dated 25th May, 2005. In that suit, the Respondent who was the Plaintiff had sought for a declaration that he was entitled to the portion of land measuring 0.1504 Ha and known as Plot No. MN/VI/2939 (hereinafter the “suit premises”) as the rightful/legal owner. He also sought for orders to restrain the appellant by way of a permanent injunction from interefering with his quiet enjoyment of the suit premises, an order directing the appellant to sub-divide, sign and transfer the suit premises to the Respondent. He had also sought for an order to direct the Registrar of land to cancel any title documents issued to a third party and the returnng of such documents by the appellant fr collection by thwe Land Registrar. In the alternative, he sought for an order that the appellant do pay him the sum of Ksh. 4 million together with inter…

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