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STEPHEN BOWEN v. GILBERT MURAGURI

(1997) JELR 95211 (CA)

Court of Appeal  •  civ app 112 of 96  •  24 Apr 1997  •  Kenya

Coram
Johnson Evan Gicheru, Philip Kiptoo Tunoi, Abdulrasul Ahmed Lakha

Judgement

JUDGMENT OF THE COURT

This litigation has a long history, but, it is necessary for the proper determination of this appeal to set out in full the facts giving rise to the suit. The appellant and the respondent are both shareholders of Kalenjin Enterprises Limited ("the company"), a company incorporated in Kenya and based in Nakuru. It was incorporated soon after Independence and its main concern was to purchase land from former colonial settlers with a view to settling its shareholders. The parcels of land in dispute are in the company's farms situate at Miti Mingi, Mbaruk in Nakuru District. The appellant, the original defendant in the suit, became a shareholder of the company in 1969 by purchasing 65 shares. In 1972 the company allocated him a small plot to reside on temporarily. He was instructed not to erect any permanent structures as there was a possibility of him being shifted therefrom when eventual resettlement of shareholders would be undertaken.However, nothing of significan…

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