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Stephen Boro Gitiha v. Nicholas Ruthiru Gatoto, Ndarugu Merchants & Burial Urban Credit Finance (Under Receivership)

(2017) JELR 94871 (CA)

Court of Appeal  •  Civil Appeal 216 of 2014  •  30 Jun 2017  •  Kenya

Coram
Philip Nyamu Waki, Roselyn Naliaka Nambuye, Patrick Omwenga Kiage

Judgement

JUDGMENT OF THE COURT

The appellant Stephen Boro Gitiha (Gitiha) attended a public auction on 30th June 1994 at Kiganjo Township and bought a property known as KIGANJO/KIAMWANGI/208 at the price of Kshs. 750,000. The property was then transferred to him and registered in his name on 7th October 1994.

Gitiha was, however, fated not to enjoy the property peaceably for, by a plaint dated 22nd December 1994 and later amended on 19th September 1996, he together with the auctioneer who conducted the auction Ndarugu Merchants, the Rural Urban Credit Finance Limited (Rural Urban) which gave the instructions, being the 2nd and 3rd respondents, respectively, were sued by Nicholas Ruthiru Gatoto (Gatoto) the 1st respondent. The prayers sought were for an injunction restraining the appellant from trespassing upon or interfering with Gatoto’s enjoyment of the property; a declaration that the sale of the property to Gitiha and the subsequent transfer and title issued were a nullity; an order directin…

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