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ASILIGWA
V.
BAUMGARTNER & ANOR.

(2021) JELR 113388 (CA)

Court of Appeal 17 Dec 2021 Kenya
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Case Details

Suit Number:CIVIL APPEAL NO. 372 OF 2018
Judges:MSA MAKHANDIA, JA S. OLE KANTAI, JA DK MUSINGA, JA
Location:Nairobi

JUDGMENT

  1. This appeal arises from the judgment and decree of two consolidated suits being Civil Case Number 957 of 2012 and Environment and Land Court “ELC” Case Number 869 of 2013 (OS), involving the same parties.

  2. In the Civil Case No. 957 of 2012, the 1st respondent had sued the appellant, and one Richard Sang Salat and the Registrar of titles for a declaration that the intended trust having failed to materialize, there is at common law a resulting trust in favour of the 1st respondent; that the 1st respondent is entitled to the ownership of both title number Dagoretti/Waithaka/1460 and title number Dagoretti/Waithaka/1463 and the school constructed thereon under the doctrine of resulting trust and finally, that the Commissioner of Lands be directed to effect and cause the transfer and vesting of titles numbers Dagoretti/Waithaka/1460 and Dagoretti/Waithaka/1463 in the sole name of the 1st respondent.

  3. During the pendency of this suit, the appellant, the 2nd respondent and Richard Sang S…

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