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Walter Joe Mburu v. Abdulshakoor Sheikh, Opus Investment Ltd, National Socil Security Fund & Commissioner of Lands & Registrar of Titles

(2015) JELR 94175 (CA)

Court of Appeal  •  Civil Appeal 95 of 2002  •  18 Dec 2015  •  Kenya

Coram
Erastus Mwaniki Githinji, Martha Karambu Koome, Festus Azangalala

Judgement

JUDGMENT OF THE COURT

This appeal is from the judgment of the High Court (Ransley, Commissioner of Assize) as he then was dated 14th March, 2015 in Nairobi High Court Civil Case No. 1191 of 1999. The appellant in that case sued Abdul Shakoor Sheikh (“the respondent”), Opus Investment Ltd. (“the 2nd respondent”) National Social Security Fund (“the 3rd respondent”) and the Commissioner of Lands together with the Registrar of Titles, (“the 4th respondent”) for three reliefs namely, a declaration that the sale and transfer of LR No. 209/324/3 (hereinafter “the suit property”) by the 1st respondent to the 2nd respondent and subsequently to the 3rd respondent was null and void and the same be nullified; specific performance of the agreement dated 30th August, 1968 between Abdul Raoof Sheikh and Mrs. Rosta W. Mburu and general damages for unlawful eviction.

The 3rd respondent lodged a Chamber Summons dated 11th July, 2001 in which it sought two principal reliefs in the alternative. It sought t…

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