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Tiara Properties Limited v. Shadrack Musyoka

(2019) JELR 95143 (CA)

Court of Appeal  •  Civil Appeal 388 of 2017  •  8 Nov 2019  •  Kenya

Coram
Hannah Magondi Okwengu, William Ouko, Fatuma sichale

Judgement

JUDGMENT OF THE COURT

1. This is an appeal against the ruling of the Environment and Land Court (Obaga, J) delivered on 10th May, 2017 in which the learned Judge rejected an application by TIARA PROPERTIES LIMITED (the appellant herein), to strike out a plaint that had been filed by SHADRACK MUSYOKA (the respondent).

2. In the suit filed against the appellant through a plaint dated 9th July, 2015, the respondent sought orders of specific performance compelling the appellant to execute an agreement of sale in respect of office suit number 2A II on L.R No. 3734/619 (suit property); and a permanent injunction restraining the appellant from dealing with the suit property. In the alternative, the respondent sought special damages of Kshs. 11,176,000/-.

3. According to the pleadings in the plaint, the appellant is the registered proprietor of Nairobi L.R No. 3734/619 Mugumo Road Lavington, which he had developed by putting up a commercial property comprising various shops and offices, includin…

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