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Sukhdev Singh Laly v. Philip Ojwang Kamau, Attorney General on behalf of the Principal Registrar of Titles,Suresh Jethwa, Jyotsana Suresh Jethwa & Charles Oduol Akuka

(2018) JELR 94675 (CA)

Court of Appeal  •  Civil Appeal 266 of 2007  •  26 Oct 2018  •  Kenya

Patrick Omwenga Kiage, Agnes Kalekye Murgor, Kathurima M'inoti



In this appeal the appellant, Sukhdev Singh Laly, (Sukhdev) seeks to set aside, vary or have vacated an award by the High Court of Kshs 4,250,000, costs of Kshs. 656,000, and an order of cancellation of a title over the property known as L.R. No. 9104/49 (the suit property) held by Philip Ojwang Kamau (Ojwang) the 1st respondent, and to have the costs of the suit against him set aside.

The facts of the case are that pursuant to a sale agreement made between them, Ojwang agreed to purchase the suit property from Sukhdev for a sum of Kshs 4,250,000. A transfer dated 22nd March 2002 was subsequently registered with the Registrar of Titles, the 2nd respondent (the Registrar). According to the abstract of the title, the original transferees Suresh Jethwa and Jyotsana Suresh Jethwa, the 3rd respondents (the Jethwas) were alleged to have transferred the suit property to one, Charles Oduol Akuka, the 4th respondent (Akuka), who transferred it to Sukhdev, who then transferr…

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