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DAVID OTEBA OOKO
V.
PETER JOE EMONGOR

(2020) JELR 97903 (CA)

Court of Appeal 19 Jun 2020 Kenya
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Case Details

Suit Number:Civil Appeal 38 of 2015
Judges:Milton Stephen Asike Makhandia, James Otieno Odek, Patrick Omwenga Kiage
Location:Kisumu
Other Citations:David Oteba Ooko v. Peter Joe Emongor [2020] eKLR

JUDGMENT OF ASIKE-MAKHANDIA, J.A

By a Plaint dated 3rd June 2010, a suit was filed seeking an order that the respondent be ordered to surrender 7.50 acres of land out of LR No. SOUTH TESO/APOKOR/731 to the appellant; and that the Deputy Registrar of the High Court be ordered to sign the transfer forms and all statutory forms on behalf of the respondent to enable the appellant to get registration of the 7.50 acres out of the suit property.

The facts in support of the claim were that at all material times, the appellant was the son of the late Okou Oteba Ojwang who was the original registered proprietor of LR No. SOUTH TESO/APOKOR/731 measuring 8.5 acres. On diverse dates in the late 1970s, the late Okuo Oteba Ojwang sold to the respondent a portion of one acre from the suit property at a consideration of Ksh. 9,980. The portion of one acre was to be transferred to the respondent by way of sub-division.

In the plaint, the appellant averred that on or about 13th February 1989, the responden…

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