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DAVID KIPTUGEN
V.
COMMISSIONER OF LANDS, NAIROBI & 4 OTHERS

(2016) JELR 97565 (CA)

Court of Appeal 10 Mar 2016 Kenya
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Case Details

Suit Number:Civil Appeal 67 of 2015
Judges:David Kenani Maraga, Agnes Kalekye Murgor, Stephen Gatembu Kairu
Location:Eldoret
Other Citations:David Kiptugen v. Commissioner of Lands, Nairobi & 4 others [2016] eKLR

RULING OF THE COURT

The dispute, which has given rise to this appeal, is over the ownership of a commercial piece of land situate in the central business district of Eldoret Town and known as Title No. Eldoret Municipality Block 7/154 (the suit land). On 9th December 2011, the appellant filed a suit in the High Court at Eldoret and claimed that the Government allocated the suit land to him on 1st June 1999. On 22nd January, 2001, a lease in his favour was registered at the Lands office at Eldoret. On information he received in November 2011, he went the Lands Office at Nairobi and discovered that the records in respect of the suit land had been tampered with and that the 4th appellant was in the process of being issued with title to it. He therefore immediately filed a suit and obtained an injunction, which restrained the 2nd respondent from issuing title to the 4th respondent. After hearing the case, Munyao, J. found that the appellant had fraudulently obtained and registered the leas…

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