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Sham Deshpal Wadhwa v. Habib Abu Mohamed, Abdalla Mwaringa Maye, Ibrahim Mukhtar Abasheikh,Tauhida Tahir Sheikh & Attorney General

(2015) JELR 96793 (CA)

Court of Appeal  •  Civil Appeal 43 of 2014  •  26 Feb 2015  •  Kenya

Coram
Hannah Magondi Okwengu, Milton Stephen Asike Makhandia, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

[1] This appeal arises from a ruling delivered by the Environment and Land Court at Malindi (Angote, J.) after hearing a Notice of Motion dated 14th September, 2012 in a land dispute pitting the appellant Sham Deshpal Wadhwa as legal representative of the estate of Deshpal Omprakash Wadhwa (deceased) against Habib Abu Mohamed, Abdalla Mwaringa Maye, Ibrahim Mukhtar Abasheikh, Tauhida Tahir Sheikh Said and the Attorney General (hereinafter referred to as the 1st, 2nd, 3rd, 4th and 5th respondents respectively). The dispute concerned a parcel of land known as Kilifi/Jimba/441 (hereinafter referred to as “the suit property”) that the appellant claimed the deceased was the registered proprietor, but which the 1st and 2nd respondents had illegally and fraudulently acquired, unlawfully subdivided, and unlawfully sold two of the subdivisions namely Kilifi/Jimba/1382 and 1383 to the 3rd and 4th respondents who commenced construction on the subdivisions..

[2] Litigation was…

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