ALICE WAMBUI MAGONDU
V.
JOEL KIPKURUI ARAP KOECH & 3 ORS

(2022) JELR 113778 (CA)

Court of Appeal 13 May 2022 Kenya
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Case Details

Suit Number:Civil Appeal 140 of 2019
Judges:SG Kairu, JA P Nyamweya, JA JW Lessit, JA
Location:Mombasa

JUDGMENT

  1. This appeal arises from a ruling dated 9th July 2018 by the Environment and Land Court (ELC) at Mombasa (Yano J.) in Civil Suit No 131 of 2017 on an application filed therein dated 20th June 2017 by Joel Kipkurui Arap Koech, the 1st Respondent herein. The ELC in the said ruling granted an injunction in favour of the 1st Respondent as against the Appellant and the 2nd to 4th Respondents. The background to the appeal is that the 1st Respondent filed a suit stating that he was the beneficial owner of the land parcel Kwale/Shimoni/168 (“the suit property”), after being allocated the same in 1991, and was aggrieved with the fact that Appellant was registered as the owner of the suit property. The 1st Respondent in the said suit challenged the said registration and sought orders that the court declares the impugned registration as unlawful and fraudulently obtained; that the register be rectified to cancel the registration of the Appellant; that the Appellant be restrained from inte…

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