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DESHPAL OMPRAKASH WADHWA (AS LEGAL REPRESENTATIVE OF THE ESTATE OF DESHPAL OMPRAKASH WADHWA)
V.
HABIB ABU MOHAMED & 4 ORS

(2022) JELR 113374 (CA)

Court of Appeal 21 Jan 2022 Kenya
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Case Details

Suit Number:CIVIL APPEAL 33 & 148 OF 2019 (CONSOLIDATED)
Judges:SG KAIRU, JA P NYAMWEYA, JA JW LESSIT, JA
Location:Malindi

JUDGMENT

  1. These two appeals, Civil Appeal No. 33 of 2019 and Civil Appeal No. 148 of 2019 were consolidated by way of an order issued by this Court on 24th April, 2020, with the Civil Appeal No 33 of 2019 made the lead file.

  2. The background to the case is that the deceased Deshpal Omprakash Wadhwa sued the Respondents in the Environment and Land Court at Malindi Civil Suit 51 of 2012 for the recovery of Kilifi/ Jimba/ 441 that he was the registered proprietor of and which the Respondents were stated to have trespassed on; that the deceased sought the cancellation of titles Kilifi/Jimba/ 1382 and 1383 that were excised from the Plot 441 by the 1st Respondent and unlawfully sold and transferred to the 3rd and 4th Respondents. The Respondents defended themselves with the 1st Respondent averring that he was the lawful proprietor of the suit land and the 3rd and 4th Respondents averring that they were innocent purchasers for value.

  3. The deceased died in 2014 and the Appellant was granted letters…

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