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CAROGET INVESTMENT LIMITED
V.
ASTER HOLDINGS LIMITED & 4 OTHERS

(2019) JELR 103378 (CA)

Court of Appeal 6 Dec 2019 Kenya
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Case Details

Suit Number:Civil Appeal 82 of 2018
Judges:William Ouko, Sankale ole Kantai, Fatuma sichale
Location:Nairobi
Other Citations:Caroget Investment Limited v. Aster Holdings Limited & 4 others [2019] eKLR

JUDGMENT OF THE COURT

The dispute culminating in this appeal involves a parcel of land known as L.R No. 1870/V/6 (the suit property), which was originally adjacent to L.R No.1870/V/3/1 before the two were amalgamated. According to the 1st respondent, it purchased both parcels from Nairobi Housing Development Limited for Kshs. 6,500,000 and Kshs. 4,500,000, respectively; that it applied for and was granted change of user from residential to residential hotel and apartment; and that it was granted permission to amalgamate the two parcels, after which a new title, being LR No. 1870/V/247 was issued in its name in 1999. The 1st respondent further explained that the initial lease period of 50 years was converted to one of 99 years with effect from 1st July, 2001.

It was the case for the 1st respondent that in August 2007 the appellant forcefully invaded the suit property, which was already at this point in time part of the amalgamated property. The invasion was reported to the police, who of…

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