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Wanyororo Farmers Co. Ltd v. Nakuru Kiamunyeki Co. Ltd

(2017) JELR 94874 (CA)

Court of Appeal  •  Civil Appeal 273 of 2010  •  23 Feb 2017  •  Kenya

Roselyn Naliaka Nambuye, George Benedict Maina Kariuki, Patrick Omwenga Kiage



The respondent, Nakuru Kiamunyeki Co. Ltd, filed Nakuru HCCC No. 201 of 2007, vide a plaint dated the 7th day of September, 2007 against the appellant Wanyororo Farmers Co. Ltd, seeking a half share of LR No. 4149, 5249 and 10458 (the suit parcels) allegedly jointly purchased by it and the appellant from Mugwathi Farms limited (Mugwathi). The sale was exempted from the operation of the Land Control Act Cap. 302 vide legal Notice No. 69 of 1978 contained in the Kenya Gazette of 28th April, 1978 in favour of both companies as subsequently clarified by a corrigendum contained in the Kenya Gazette of 7th July, 1978. The suit parcels were physically subdivided into two portions of 750 acres each and shared between the two Companies in the year 1978, with the suit property being shared out to the respondent.

The appellant received its respective share, settled its share holders and even issued them with title deeds. The respondent’s move to proceed likewise was interrupt…

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