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Simon Towett Maritim v. Jotham Muiruri Kibaru

(2006) JELR 96416 (CA)

Court of Appeal  •  Civil Appeal 292 of 2005  •  10 Nov 2006  •  Kenya

Coram
Samuel Elikana Ondari Bosire, Emmanuel Okello O'Kubasu, Erastus Mwaniki Githinji

Judgement

JUDGMENT OF THE COURT

This is an appeal by the unsuccessful defendant in the superior court. The respondent herein Jotham Muiruri Kibaru as the plaintiff in the superior court filed a suit against the appellant Simon Towett Maritim seeking the following reliefs:-

“i. A declaration that as at the time the Land Control Board Consent, transfer and issue of Title No. Kericho/Chesinende/SS/97 was unlawfully obtained by the defendant, the registered owner, who was the plaintiff’s deceased mother Waithera Githinji; was deceased and therefore no lawful Title could pass in favour of the defendant.

ii. A declaration that the Land Control Board consent, transfer and consequent issue of Title No. Kericho/Chesinende/SS/97 was null and void ab-initio for want of owners consent to the purported transaction and that the purported transaction offends section 75 of the Kenya Constitution.

iii. That this Honourable Court be pleased to nullify the transfer and issue of Title to the defendant and to order tha…

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