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Thomas Ratemo Oira v. Andrew Isoe Mingate Ochoki

(2017) JELR 95077 (CA)

Court of Appeal  •  Civil Appeal 116 of 2014  •  27 Sep 2017  •  Kenya

Coram
George Benedict Maina Kariuki, Sankale ole Kantai, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

Dr. Andrew Isoe Mingate Ochoki, the respondent herein, was the owner of a parcel of land known as Nakuru/Miti/38 (previously Plot No. 722/38 Miti Mingi Settlement Scheme). He was approached by the appellant, Thomas Ratemo Oira, sometime in the year 2009, who offered to purchase the parcel of land from him. They agreed that in consideration of Ksh.1,500,000/- and other payments to Settlement Fund Trustees the appellant could purchase the land. The appellant issued 2 cheques totaling the said sum and the respondent handed over all documents relating to the land to the appellant. When the 2 cheques were presented by the respondent to the bank for payment they were both returned unpaid with remarks “confirmation awaited”. This confirmation did not come on time or at all. In the meantime the appellant, armed with the documents he had received from the respondent, not only had transfer registered in his favour but moved into the land. This led to High Court Civil Case N…

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