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BEATRICE MAKOKHA CHINA
V.
STANLEY KACHEMULO

(2016) JELR 106502 (CA)

Court of Appeal 29 Jul 2016 Kenya
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Case Details

Suit Number:Civil Appeal 359 of 2012
Judges:Festus Azangalala, Agnes Kalekye Murgor, Stephen Gatembu Kairu
Location:Eldoret
Other Citations:Beatrice Makokha China v. Stanley Kachemulo [2016] eKLR

JUDGMENT OF THE COURT

This is an appeal from the judgment of Onyancha, J, where the appellant, Beatrice Mokakha China (herein referred to as “Beatrice”) seeks to set aside or vary the judgment of the High Court which cancelled her ownership of Title Number Bukhayo/ Buyofu/85 (herein referred to as “the subject land”) and instead ordered that it reverts to the names of the original three proprietors.

The brief facts of the case are that, Juma Okomolote, (herein referred to as “Okomolote”) Dickson Omokoli (herein referred to as “Dickson”) and the respondent, Stanley Kachemulo (herein referred to as “Stanley”) were registered as the proprietors in common of the subject land on 26th November, 1971. When Okomolote died in 1997, Beatrice, obtained Letters of Administration of his estate in Succession Cause No. 103 of 1995, and by virtue of being the administrator, subsequently transferred the entire subject land into her name. It was contended that Beatrice was not an heir of Okomolote’s esta…

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