TORO & TEAM LIMITED & ANOTHER V. DISTRICT LAND REGISTRAR KIAMBU & 2 OTHERS

JUDGMENT OF THE COURT

Background

[1] This is an appeal against two rulings of Musinga, J. (as he then was) dated 30th November, 2010 and 7th December, 2010 where the learned Judge granted judicial review orders to the ex-parte applicants (the respondents herein).

[2] The matter before the court is a dispute between Toro and Team Limited (the 1st appellant) who purchased land parcel number LIMURU/BIBIRIONI/159 (the suit property) from Eliud Mburu Gathirimu (the 2nd appellant).

[3] A background of the appeal as can be discerned from the record is that the suit property was originally registered in the name of the late George Karanja Gathirimu (the deceased). In 1998, Eliud Mburu Gathirimu (the 2nd appellant) who was a son of the deceased obtained letters of administration in respect of the estate of the deceased and caused the suit property to be transferred to himself on 24th March, 2000.

[4] Upon discovering that the 2nd appellant intended to sell the suit property to the 1st appellant, Ph…